Shahin Akhtar
The Supreme Court of India on 28th July, 2025 questioned Allahabad High Court Justice Yashwant Varma’s decision to appear before a three-member judicial committee investigating allegations of unaccounted cash recovered from his official residence in Delhi. The committee, set up by the Supreme Court, had indicted Justice Varma, leading to a recommendation for his removal by former Chief Justice of India (CJI) Sanjiv Khanna.
A bench comprising Justices Dipankar Datta and AG Masih asked Justice Varma’s counsel, Senior Advocate Kapil Sibal, to explain why his client waited for the committee to conclude its probe and submit its report before challenging the committee’s legality. “Why did you not challenge when the committee was appointed? Why did you wait? Judges have abstained from attending these proceedings in the past,” Justice Datta demanded.
Sibal replied that Justice Varma appeared before the committee thinking it would investigate and find out who the cash belonged to, and this cannot be held against him. The counsel further argued that the Committee’s Report cannot form the basis for impeachment proceedings, and the CJI’s letter to the President recommending Justice Varma’s removal was premature.
The Supreme Court pointed out shortcomings in Justice Varma’s petition, stating that the report of the committee, which has been challenged, has not been placed on record before the Court. “Where is the report? If you want to argue the report, it must be on record,” Justice Datta said. Sibal responded that they would attach the report to the plea.
The Court also questioned the procedure adopted against Justice Varma, with Sibal contending that a judge’s conduct cannot be examined except through a process laid down in law. The bench, however, asked how the procedure adopted against Justice Varma would be in violation of the Constitution.
The Supreme Court has adjourned the matter to July 30, directing Justice Varma to file the in-house inquiry report and correct the memo of parties. The Court also asked Justice Varma’s counsel to provide a one-page bullet-point note highlighting the key points of contention.
A fire broke out at Justice Varma’s residence on March 14, and unaccounted cash was reportedly found during the incident. The Supreme Court initiated an in-house probe into the allegations and set up a three-member committee to conduct the inquiry. The committee’s findings against Justice Varma have sparked a legal battle, with the judge challenging the committee’s report and the recommendation for his removal.
Case Name: Justice Yashwant Varma v. Union of India
Case No.: W.P.(C) No. 699/2025
Bench: Justices Dipankar Datta and AG Masih
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