‘Burnt cash at home’ fame Justice Yashwant Varma moves Supreme Court against inquiry committee report, claims it “violates his rights”

The Supreme Court has received a writ petition from Justice Yashwant Varma, contesting the report of the in-house probe committee that implicated him in the cash-at-home scandal. Justice Varma had “strong inferential evidence” of “covert or active control” over the warehouse where the stacks of 500 rupees notes were found, according to the panel. It added that he also failed to offer a convincing explanation for their origin.

Additionally, Justice Varma has challenged former Chief Justice of India Sanjiv Khanna’s recommendation to the President and Prime Minister regarding his impeachment proceedings. The judge alleged that the proposal was based on a “unsustainable” report that was created through a procedure which violated his rights as a person and constitutional functionary.

Justice Varma acknowledged that there might have been some cash in his home’s outhouse but insisted that further investigation was necessary to prove ownership, legitimacy and other important details. He claimed that instead, the panel hurried to wrap up the proceedings.

He asserted that the timetables for the enquiries were simply motivated by the desire to complete the process as rapidly as possible, even at the expense of procedural justice.

According to Justice Varma, the in-house inquiry group reached its conclusions without providing him with an adequate opportunity to respond. He stressed that the committee followed a preset process and despite the lack of hard evidence, reversed the burden of proof requiring him to investigate and refute the accusations as well as made negative conclusions about him.

The three-judge inquiry panel was accused in Justice Varma’s appeal of reaching unfavourable conclusions without giving him a fair and thorough hearing. Furthermore, it charged that the committee neglected to look into basic information that would have been required to prove culpability, specifically those pertaining to the cash discovered at his place.

He further described the process as outcome-driven and predicated on a preconceived narrative. The petition is still awaiting its listing before a bench. Meanwhile, Parliamentary Affairs Minister Kiren Rijiju expressed, “The removal of a Supreme Court or a High Court judge is a matter that is the authority of Parliament. It is independent of what is happening in the Supreme Court,” while talking to The Indian Express.

Prior to introducing the motion of removal, minister Rijiju has been consulting with the leaders of each party to reach an agreement on the issue. He pointed out, “The impeachment of a High Court or Supreme Court judge on corruption issues cannot be political. Government should take everyone on board as there is no scope for differences among parties on this.” Rijiju has previously told the opposition leaders that they need to take a “unified stand” on this issue.

The development transpired as the impeachment motion against Justice Varma is expected to be introduced during the Parliament’s monsoon session. Notably, a few days earlier the Supreme Court also consented to consider a new petition asking for instructions to the Delhi Police and Enforcement Directorate to submit a formal complaint and carry out a thorough and extensive investigation into the recovery of the significant amount of unaccounted cash at Justice Varma’s home. The plea maintained that the police had a duty to file an FIR since the finding of such currency constituted a “culpable and cognisable offence.”

The background of the matter

During a firefighting operation on 14th March, a massive stack of cash notes was inadvertently found at an outhouse of Justice Varma’s official residence. At the time, he was serving as a judge of the Delhi High Court. He was then sent back to the Allahabad High Court where his judicial duties were suspended while the inquiry was conducted. The issue was investigated by a panel that was appointed by then-CJI Sanjiv Khanna. He also wrote to Prime Minister Narendra Modi and President Droupadi Murmu concerning the panel’s findings.

The committee ruled that cash was discovered in Justice Varma’s official property after reviewing technological evidence, including videos and photos taken by fire department personnel. 55 witnesses, including Justice Varma and his daughter were also questioned. The committee determined that there was adequate justification for taking action against the judge since he was unable to fulfil his duty by providing a credible explanation other than a “flat denial or a bald plea of conspiracy.”

Meanwhile, Congress stalwart and senior advocate Kapil Sibal referred to Justice Varma as the finest judge. “I can say with full responsibility that he (Varma) is one of the best judges I have argued before. You can ask any lawyer of the High Court or Supreme Court, this judge is not accused of doing anything wrong.”

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