Justice Yashwant Varma stripped of judicial work: Delhi HC issues circular

New Delhi: On Monday, Chief Justice DK Upadhyay of the Delhi High Court announced the immediate removal of Justice Yashwant Varma from his judicial responsibilities. This action follows the establishment of a three-member inquiry committee by Chief Justice of India (CJI) Sanjiv Khanna on Saturday, aimed at investigating allegations related to a significant amount of cash reportedly found at Justice Varma’s residence.

A circular issued by the Delhi High Court on Monday indicated, “In light of recent developments, the judicial duties of Hon’ble Mr. Yashwant Varma are suspended with immediate effect until further notice.”

This decision aligns with CJI Khanna’s recommendation made on Saturday to refrain from assigning any judicial tasks to Justice Varma for the time being. The inquiry committee is composed of Justice Sheel Nagu, Chief Justice of the Punjab and Haryana High Court; Justice GS Sandhawalia, Chief Justice of the Himachal Pradesh High Court; and Justice Anu Sivaraman, a judge of the Karnataka High Court.

CJI Khanna’s decision was influenced by a suggestion from Chief Justice Upadhyay of the Delhi High Court to conduct an internal investigation concerning Justice Varma. In a report released by the Supreme Court, Justice Upadhyay expressed, “I hold a prima facie view that the entire issue necessitates a more thorough investigation.”

The controversy originated from a reported fire at Justice Varma’s official residence on Tughlak Road around 11:35 PM on March 14. The Delhi Fire Services (DFS) responded promptly and extinguished the fire within minutes. However, initial responders, including DFS personnel and possibly police officers, are believed to have uncovered bundles of cash in the storeroom, some of which appeared to be charred. At the time, Justice Varma and his wife were in Bhopal.

On March 20, the Supreme Court collegium reached a unanimous decision to recommend the transfer of Justice Varma back to the Allahabad High Court, his original court. However, during the discussions, at least two members contended that a simple transfer was inadequate and advocated for an immediate internal inquiry. One judge called for Justice Varma to be relieved of his judicial responsibilities without delay, while another emphasized the need for a formal investigation to uphold institutional accountability.

This situation has elicited responses from both the judiciary and the legal community.

The Allahabad High Court Bar Association (HCBA) expressed strong opposition to Justice Varma’s transfer, raising concerns about whether the Allahabad High Court was being regarded as a “dumping ground.”

The issue has also reverberated within Parliament. On March 21, Rajya Sabha Chairman Jagdeep Dhankhar addressed Congress MP Jairam Ramesh’s appeal for enhanced judicial accountability, indicating that he would consider ways to facilitate structured discussions on the matter.

Dhankhar seemed to suggest the possibility of reigniting the conversation surrounding the National Judicial Appointments Commission (NJAC), which the Supreme Court invalidated in 2015.

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