Judge Yashwant Varma’s Legal Battle Over Impeachment Proposal

Justice Yashwant Varma of the Allahabad High Court has taken legal action by filing a writ petition in the Supreme Court, challenging an in-house inquiry report that recommended his impeachment. The controversy stems from the alleged discovery of a significant amount of cash at his official residence in New Delhi earlier this year. Justice Varma disputes the findings of the committee, which was established by former Chief Justice of India Sanjiv Khanna, arguing that he was not afforded a fair hearing during the investigation.

Controversial Cash Discovery and Its Aftermath

The controversy began on March 14 when a fire broke out at Justice Varma’s Lutyens Delhi residence. During the incident, officials reportedly discovered a large sum of cash, leading to a preliminary inquiry by Delhi High Court Chief Justice D K Upadhyaya. This discovery resulted in Justice Varma being relieved of his judicial duties at the Delhi High Court. Subsequently, the Supreme Court collegium recommended his return to his parent High Court.

Allegations Against the Inquiry Committee

Justice Varma has accused the three-member panel of failing to thoroughly investigate the circumstances surrounding the cash discovery. He contends that essential facts, such as ownership and authenticity of the cash, were not adequately examined. Justice Varma maintains that neither he nor his family members placed any cash in the storeroom, challenging any insinuations to the contrary.

Political Implications and Impeachment Motion

The timing of these developments is critical as they coincide with the upcoming Monsoon session of Parliament, scheduled to begin on July 21. The government is expected to introduce an impeachment motion against Justice Varma during this session. Achieving cross-party consensus will be essential due to the constitutional requirements for removing a judge from office.

Historical Context of Judicial Impeachment in India

Impeachment proceedings against judges are rare in India, with most judges opting to resign before such motions reach their conclusion. The case of Justice Varma highlights the complexities and challenges involved in judicial accountability and the impeachment process.