Today, On 23rd July, Justice Yashwant Varma has approached the Supreme Court challenging the inquiry report against him. CJI Gavai recused himself from hearing the case, stating, “I can’t take it up. I was part of the committee. We’ll list it.”
The Supreme Court of India addressed a petition concerning Justice Yashwant Varma of the Allahabad High Court, which brings forth significant constitutional issues.
The case was presented before a Bench led by Chief Justice of India B R Gavai, but a remark from another judge prevented a full hearing.
Senior Advocate Kapil Sibal, representing the case, emphasized the need for the Supreme Court to establish a special Bench promptly to address the plea.
He emphasized,
“There are constitutional questions,”
Senior Advocate Kapil Sibal, representing Justice Varma, requested an expedited hearing of the case. In addition to Mr. Sibal, a team of lawyers, including Senior Advocate Mukul Rohatgi, Senior Advocate Rakesh Dwivedi, and Senior Advocate Sidharth Luthra, are also representing Justice Varma.
He highlighted that the matter involves critical constitutional questions that require immediate attention and requested the court to form an appropriate Bench quickly.
When the case was mentioned, Chief Justice B.R. Gavai stated that he would refrain from hearing it personally due to his prior involvement in a related discussion.
He remarked,
“Since I was part of that conversation, it wouldn’t be proper for me to hear it.”
He assured that measures would be taken soon to create a new Bench, adding,
“We will take a call and constitute a Bench soon.”
The committee, which included Chief Justice Sheel Nagu from the Punjab and Haryana High Court, Chief Justice GS Sandhawalia from the Himachal High Court, and Justice Anu Sivaraman from the Karnataka High Court, investigated the allegations related to the discovery of cash at Justice Varma’s residence.
They commenced their investigation on March 25 and completed the report by May 3, which was subsequently submitted to then Chief Justice of India (CJI) Sanjiv Khanna on May 4.
The report found the judge culpable, leading the CJI to forward it to the President while recommending Justice Varma’s impeachment.
Following this, he was transferred back to the Allahabad High Court, and an inquiry initiated by Khanna found him culpable.
After Varma refused to resign, Khanna referred the matter to the President and the Prime Minister.
The committee determined, based on forensic and electronic evidence, that the currency was secretly removed in the early hours of March 15, just prior to the matter becoming public.
The committee determined, based on forensic and electronic evidence, that the currency was secretly removed in the early hours of March 15, just prior to the matter becoming public.
After Varma refused to resign, Khanna referred the matter to the President and the Prime Minister.
According to the 64-page report submitted to Sanjiv Khanna on May 4, 2025, by a three-member panel consisting of Justices Sheel Nagu, GS Sandhawalia, and Anu Sivaraman, burnt cash was found in the storeroom of 30 Tughlak Crescent, Justice Varma’s official residence.
A fire broke out at Justice Varma’s home on the evening of March 14, during which unaccounted cash was inadvertently found by firefighters.
Also Read: Plea in Allahabad High Court: ‘Withhold Oath of Justice Yashwant Varma’
A video depicting the recovery of the burnt cash was reportedly shared by the Delhi Police Commissioner with the Chief Justice of the High Court.
At the time of the incident, Justice Varma and his wife were traveling in Madhya Pradesh, leaving only their daughter and elderly mother at home. On March 21, the Chief Justice of India (CJI) initiated an internal investigation into the allegations, appointing a three-member committee to carry out the inquiry.
The petition was filed through Advocate-on-Record (AoR) Vaibhav Niti.
Case Title: XXX v. Union of India, Diary No.38664/2025
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