CJI sets up 3-member panel to probe judge

Chief Justice of India (CJI) Sanjiv Khanna on Saturday constituted a three-member committee to conduct an inquiry into the allegations against Delhi high court judge Yashwant Varma following the purported discovery of a large stash of cash from the judge’s residence last week. Justice Varma’s judicial duties have also been withdrawn pending the inquiry.

The committee comprises justice Sheel Nagu, chief justice of the Punjab & Haryana high court, justice GS Sandhawalia, chief justice of the Himachal Pradesh high court, and justice Anu Sivaraman, judge of the Karnataka high court.

“The chief justice of the High Court of Delhi has been directed not to assign any judicial work to justice Varma,” said a statement issued by the Supreme Court administration.

While the inquiry has been initiated, CJI Khanna has also mandated that justice Varma should not dispose of or modify any data on his mobile phones even as call records are sought from service providers.

The decision was taken by the CJI following a recommendation by Delhi high court chief justice Devendra Kumar Upadhyaya for an in-house inquiry against justice Varma.

In his report, released late by the Supreme Court, justice Upadhyaya said: “I am of the prima facie opinion that the entire matter warrants a deeper probe.”

The inquiry marks a significant escalation in an unprecedented controversy that has the Supreme Court wrestling with concerns over judicial integrity. While the Supreme Court collegium had on Thursday recommended justice Varma’s transfer to the Allahabad high court — his parent high court — this new recommendation adds a layer of scrutiny.

On Saturday morning, justice Upadhyaya called upon officials from the Delhi police, Delhi fire services and the Supreme Court’s vigilance department to supplement his report submitted to CJI Khanna on Friday night. According to people aware of the matter, justice Upadhyaya had apprised the CJI of the need to meet officials from these departments in connection with the reported discovery of cash from justice Varma’s residence.

Justice Upadhyaya met these officials for nearly an hour at the high court. “The chief justice specifically asked about the video regarding the alleged discovery of the cash... He wanted to know the specifics about the timing of the call, the spot from where the cash was discovered, and if any seizure was done,” said a person aware of the developments.

Following his additional inquiry and subsequent report submitted in the evening, CJI Khanna decided to set up the in-house inquiry panel.

The controversy stems from a reported fire at Justice Varma’s official residence on Tughlak Road at around 11.35pm on March 14. The Delhi Fire Services (DFS) responded and extinguished the fire within minutes. However, first responders—including personnel from DFS and possibly the police—are believed to have discovered stacks of cash in the store room, some of which were reportedly charred. Justice Varma and his wife were in Bhopal at the time.

Though DFS chief Atul Garg publicly denied any knowledge of cash found at the scene, people aware of the matter said a video documenting the recovery was made by first responders and subsequently reached chief justice Upadhyaya.

The CJI on Thursday informed the members of the Supreme Court collegium about the video before the proposal to transfer Justice Varma was formalised. CJI Khanna had advised justice Upadhyaya to attach this video with his final report for a comprehensive assessment.

On Thursday, the Supreme Court collegium, comprising CJI Khanna and justices Bhushan R Gavai, Surya Kant, Abhay S Oka and Vikram Nath, unanimously recommended justice Varma’s transfer to Allahabad high court.

However, during the deliberations, two members of the collegium strongly argued that transferring the judge alone was insufficient and that an in-house inquiry was warranted. One member insisted that justice Varma be stripped of judicial work immediately, while another pressed for a more formal investigation, emphasising the need for institutional accountability.

The matter has drawn sharp reactions from within the judiciary and the legal fraternity. The Allahabad High Court Bar Association (HCBA) strongly opposed the collegium’s decision to transfer justice Varma, questioning whether the Allahabad High Court was being treated as a “dumping ground.”

“Corruption is unacceptable,” the HCBA wrote in a statement, adding that it was “taken aback” by the decision. The association pointed out that the Allahabad High Court was already grappling with a shortage of judges and that transferring a judge facing allegations of impropriety raised serious concerns.

The issue has also resonated in Parliament. In the Rajya Sabha, chairman Jagdeep Dhankhar on Friday responded to Congress MP Jairam Ramesh’s call for greater judicial accountability by stating that he would explore mechanisms for a structured discussion on the matter. Dhankhar appeared to allude to the long-standing debate over the National Judicial Appointments Commission (NJAC), which was struck down by the Supreme Court in 2015, though he did not name it explicitly. Justice Varma, originally appointed as a judge of the Allahabad high court in 2014, was transferred to the Delhi high court in October 2021 following a collegium recommendation led by then-CJI NV Ramana. Before his elevation to the bench, he had served as a special counsel for the Allahabad high court and as standing counsel for the Uttar Pradesh government.