HC judge Yashwant Varma de-rostered, set to get repatriated

The Supreme Court collegium on Monday issued a resolution repatriating Delhi high court judge justice Yashwant Varma to the Allahabad high court in connection with a controversy from the discovery of a large amount of cash at the judge’s official residence in the national capital earlier this month.

The decision came hours after Delhi high court chief justice DK Upadhyaya withdrew justice Varma from judicial duties with immediate effect, and reassigned the cases handled by him to a different bench.

“The Supreme Court Collegium in its meetings held on 20th and 24th March 2025 has recommended repatriation of Mr. justice Yashwant Varma, judge, high court of Delhi, to the high court of judicature at Allahabad,” stated the resolution by the collegium.

The collegium comprises Chief Justice of India Sanjiv Khanna and justices Bhushan R Gavai, Surya Kant, Abhay S Oka and Vikram Nath. The collegium had also met last Thursday in connection with the same issue, at a time when the allegations against justice Varma had not publicly surfaced.

“In view of the recent events, the judicial work from Hon’ble Mr. Yashwant Varma is withdrawn with immediate effect till further orders,” a circular issued by the Delhi high court stated on Monday morning.

Chief justice Upadhyay’s move followed a directive from CJI Khanna on Saturday, instructing that justice Varma be relieved of judicial duties pending further inquiry. It means that until the Union government acts on the collegium’s recommendation to send justice Varma back to the Allahabad high court, he has been relieved of judicial duties in the Delhi high court, pending further inquiry.

The collegium’s decision was met with furious resistance from the Allahabad high court’s bar association (HCBA), which called for the judge to be impeached. “Lawyers of the high court bar association, Allahabad will go on an indefinite strike from Tuesday following justice Yashwant Varma’s transfer to Allahabad high court,” bar body chief Anil Tiwari told news agency PTI.

On Saturday, CJI Khanna had set up a 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, to investigate the allegations against justice Varma.

The decision was taken by CJI Khanna following a recommendation by Delhi high court chief justice 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 committee has been tasked with examining the circumstances surrounding the reported discovery of large amounts of cash at justice Varma’s residence.

“The committee is expected to commence its work this week, for the CJI is of the opinion that the matter needs to be taken to its logical conclusion without any delay,” said one of the persons familiar with the matter.

Another person added that the three-member committee is likely to conduct its proceedings in Delhi. “The place of occurrence, witnesses, and officers are all from Delhi. It is in all likelihood that the panel will sit in Delhi to carry out its functions efficiently,” said this person, requesting anonymity.

The controversy erupted last week after a fire was reported at justice Varma’s official residence on Tughlak Road at around 11.35pm on March 14. The Delhi Fire Services (DFS) quickly extinguished the blaze, but first responders — including personnel from DFS and possibly the police — are believed to have discovered large stacks of cash in the storeroom, some of which were reportedly charred. At the time, justice Varma and his wife were in Bhopal.

Following these developments, CJI Khanna informed members of the Supreme Court collegium about a video related to the burnt cash piles before formalising the proposal to transfer justice Varma.

On March 20, the Supreme Court collegium initially proposed transferring justice Varma to the Allahabad high court — his parent high court. However, during deliberations, at least two collegium members argued that a simple transfer was inadequate, advocating for a formal in-house inquiry. One judge recommended that justice Varma be stripped of judicial work immediately, while another emphasised the need for a deeper institutional probe.

Justice Varma, in a report released by the Supreme Court on Saturday, dismissed the allegations as a “conspiracy to malign” him. He categorically denied any connection to the cash reportedly discovered at his residence, asserting that neither he nor his family members had any knowledge of the money. Calling the allegations “totally preposterous”, he maintained his innocence.

The controversy reverberated in Parliament too. On March 21, in the Rajya Sabha, chairman Jagdeep Dhankhar responded to Congress MP Jairam Ramesh’s call for greater judicial accountability, stating that he would explore mechanisms for structured discussions on the issue. Dhankhar also appeared to hint at reviving the debate over the National Judicial Appointments Commission (NJAC), which was struck down by the Supreme Court in 2015.

Dhankhar on Monday held a meeting with leader of the House JP Nadda and Leader of the Opposition Mallikarjun Kharge, and lauded CJI Khanna, saying he initiated action in a “very impactful, transparent manner”.

Dhankhar also said he will soon convene a meeting of floor leaders of various parties in the Rajya Sabha on the issue.

“It is for the first time since independence that a Chief Justice has in a transparent, accountable manner put all material available to him in the public domain and shared it without keeping anything with the court. This is a step in the right direction. The Constitution of a committee by the Chief Justice of India and the alertness he has reflected are also a factor that needs consideration,” he said.

The Allahabad HCBA – which first opposed the transfer of justice Varma on March 21 – again opposed the move on Monday. It also demanded that CJI Khanna recommend impeachment proceedings against justice Verma.

“Continuance of justice Yashwant Varma any further is dangerous for democracy as it erodes ‘public faith’ which is the only power available with the judicial system. If faith is gone, everything is gone and the nation will collapse,” the bar association said in its resolution.

The resolution also requested CJI Khanna to immediately permit the filing of an FIR and investigation by the Central Bureau of Investigation, Enforcement Directorate, and other investigative agencies.

“The High Court Bar Association opposes any proposed transfer of Justice Yashwant Varma to Allahabad High Court or its Lucknow bench or to any other High Court...CJI should immediately permit the filing of FIR and investigation by the CBI, ED and other investigative agencies... and if need be he [Justice Varma] should be taken into custody for questioning and interrogation with prior permission of CJI,” the resolution said.

The HCBA termed the incident as the “blackest day” in the history of judiciary.

The bar association said that the in-house inquiry initiated against justice Varma was “questionable” and “unacceptable” to the judicial fraternity, and sought that all the judgments passed by justice Varma be scrutinised.

“All the judgements delivered by Justice Yashwant Varma during his tenure of a judge at Allahabad High Court and Delhi High Court be reviewed in order to inspire confidence of people at large to regain public faith in the judicial system,” the resolution said.

(With inputs from Prayagraj))