SC to Hear Allahabad HC Judge’s Plea to Quash Report on Cash Discovery
Sibal requested the bench to list the matter as early as possible, saying they have raised some constitutional issues in the plea
New Delhi: The Supreme Court on Wednesday said it would constitute a bench to hear Justice Yashwant Varma’s plea seeking to quash an in house inquiry panel’s report that accused him of misconduct in the cash discovery case.
Justice Varma has also challenged the May 8 recommendation by then Chief Justice of India Sanjiv Khanna that Parliament initiate impeachment proceedings against him. The matter was mentioned for urgent listing before a bench led by CJI B.R. Gavai and Justices K. Vinod Chandran and Joymalya Bagchi. Senior Advocate Kapil Sibal argued that the inquiry “reversed the burden of proof,” forcing Justice Varma to disprove charges, and that its timelines sacrificed procedural fairness. CJI Gavai responded, “We will take a call and constitute a bench,” but noted it might be inappropriate for him to hear the case, having been part of the earlier process.
The inquiry panel, headed by Chief Justice Sheel Nagu of the Punjab and Haryana High Court, investigated for 10 days, examined 55 witnesses, and visited the scene of the accidental fire on March 14 at Justice Varma’s official residence. Its report found that Justice Varma and his family had covert or active control over the storeroom where a large cache of half burnt cash was discovered, deeming this conduct serious enough to warrant removal. Acting on the report, then CJI Khanna wrote to President Droupadi Murmu and Prime Minister Narendra Modi recommending Justice Varma’s impeachment.
