Justice Yashwant Varma May Be Urged to Resign Following Credible Allegations of Cash Misconduct

-By Shreya

Justice Yashwant Varma, currently serving on the bench of the Allahabad High Court and former Justice of the Delhi High Court, would most likely to be called upon to tender his resignation after a Supreme Court-appointed in-house panel , appointed for this purpose reportedly , reportedly found accusations of impropriety against him to be authentic. The charges arose after a fire incident at his official residence in Delhi, where burnt currency notes were allegedly discovered in a storeroom.

The three-member panel was formed on March 22 by Chief Justice of India (CJI) Sanjiv Khanna,in accordance with the internal protocol followed by the Supreme Court in 1999 to deal with the allegations against members of the higher judiciary. The panel comprised Chief Justice Sheel Nagu of the Punjab and Haryana High Court, Chief Justice G.S. Sandhawalia of the Himachal Pradesh High Court, and Justice Anu Sivaram of the Karnataka High Court.

As reported by the Wire, the committee concluded that there was enough substance in the allegations to merit serious consideration. Sources thus indicate that CJI Khanna will likely advise Justice Varma to resign voluntarily. If he refuses, the matter may be referred to the executive branch in particular, the President and the Prime Minister thus setting the stage for a potential impeachment process, a rarely used step in the Indian Judicial System.

The investigation started earlier this year after a blaze in Justice Varma’s government-allotted residence in Delhi.  Follow-up inquiries are said to have resulted in the discovery of charred money notes in a store room, sparking serious suspicions about their origin and the possible involvement of the judge.

In a significant break from normal court procedure where such issues normally are dealt with in utmost confidentiality — Chief Justice Khanna is expected to make public the report submitted by Chief Justice D.K. Upadhyaya of the Delhi High Court. The report purportedly explains the incident and investigative outcome, and notably contains Justice Varma’s written reply to the charges. This step is being seen as a significant step toward enhancing transparency and public accountability within the judiciary.

Ever since the inquiry has started, Justice Varma has been sent back to his parent High Court in Allahabad and has not been given any judicial responsibilities. While he is entitled to appeal against the committee’s conclusions, legal observers believes that the gravity of the circumstances renders his continued tenure on the bench increasingly untenable.

Justice Varma has not made any public statement so far, and it is to be seen whether he will resign or seek to contest the findings. With Chief Justice Khanna scheduled to retire on May 13, a resolution in the matter is anticipated imminently.

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