In April, Justice Yashwant Varma was stripped of judicial responsibilities and transferred back to the Allahabad High Court from the Delhi High Court after a fire broke out at his official Delhi residence. During the firefighting efforts in March, bundles of cash were discovered, triggering an inquiry.
Chief Justice of India BR Gavai on Wednesday announced that a special bench will be formed to hear Justice Yashwant Varma‘s petition challenging the findings of a three-judge in-house committee, which indicted him following the recovery of a large amount of cash from his official residence. CJI Gavai also revealed that he had been involved in discussions on the matter with his predecessor, Justice Sanjiv Khanna, and therefore recused himself from hearing the case.
The matter was brought up before a bench comprising Chief Justice BR Gavai and Justices K. Vinod Chandran and Joymalya Bagchi. When senior advocate Kapil Sibal requested an urgent listing of the petition, Chief Justice Gavai responded, “It would not be proper for me to take up that matter. We will take a call and constitute a bench.”
Justice Yashwant Varma was represented by a legal team that included senior advocates Kapil Sibal, Mukul Rohatgi, Rakesh Dwivedi, Sidharth Luthra, and Siddharth Aggarwal, along with advocates George Pothan Poothicote and Manisha Singh.
“We have filed the petition on behalf of the Allahabad High Court judge. Some constitutional issues are involved. I request you to constitute a bench at the earliest,” senior advocate Kapil Sibal urged.
Justice Yashwant Varma was relieved of judicial duties and repatriated to the Allahabad High Court in April, following a fire at his official residence in Delhi. During the firefighting efforts in March, bundles of cash were discovered, triggering an internal inquiry.
Justice Yashwant Varma Challenges Impeachment Move in Supreme Court.
A three-judge panel was constituted to examine the matter, comprising Chief Justice Sheel Nagu of the Punjab and Haryana High Court, Chief Justice GS Sandhawalia of the Himachal Pradesh High Court, and Justice Anu Sivaraman of the Karnataka High Court.
The committee examined more than 50 witnesses and concluded that the cash was under the “covert or active control” of Yashwant Varma or his family. It observed that Justice Varma failed to provide a satisfactory explanation and instead alleged that he was being framed
Yashwant Varma has now moved the Supreme Court, challenging both the procedure followed by the in-house committee and its findings.
The petition also contests the recommendation made to the President and the Prime Minister to initiate impeachment proceedings. It alleges violations of natural justice and procedural lapses, claiming that crucial video footage was overlooked and that Justice Varma was denied access to key evidence as well as the opportunity to cross-examine witnesses.
Meanwhile, impeachment proceedings against Yashwant Varma were officially initiated earlier this week. On Monday, 152 Members of Parliament submitted a signed memorandum to Lok Sabha Speaker Om Birla, requesting his removal over allegations of misconduct.
The motion, submitted under Articles 124, 217, and 218 of the Constitution, garnered cross-party backing from MPs representing the BJP, Congress, TDP, JDU, CPM, and others. Notable signatories include Anurag Thakur, Ravi Shankar Prasad, Rahul Gandhi, Rajiv Pratap Rudy, Supriya Sule, KC Venugopal, and PP Chaudhary.
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In the Rajya Sabha, Vice President Jagdeep Dhankhar confirmed receiving a motion signed by over 50 members. Acknowledging the parallel notice submitted in the Lok Sabha, he instructed the secretary-general to proceed with the next steps in the impeachment process.
Sources have indicated that both Houses of Parliament will jointly form a three-member inquiry committee to investigate the allegations. Speaker Om Birla is expected to announce the panel’s formation on Tuesday. In accordance with the Judges Inquiry Act, the committee will comprise a Supreme Court judge, a Chief Justice of a High Court, and a distinguished jurist. The committee’s report is likely to be submitted by the next session of Parliament.
