Justice Varma Moves SC Against In-House Inquiry Report On Cash Discovery Row
In his petition, Justice Varma submitted that the inquiry "reversed the burden of proof", requiring him to investigate and disprove the charges levelled against him.
New Delhi: Allahabad High Court judge Justice Yashwant Varma has moved the Supreme Court, seeking to quash an in house inquiry report that found him guilty of misconduct in connection with a cache of cash discovered at his Delhi High Court residence earlier this year.
Justice Varma’s petition asks the Court to set aside then, CJI Sanjiv Khanna’s 8 May recommendation that Parliament initiate impeachment proceedings. The Centre is expected to table a removal motion during the Monsoon Session beginning Monday.
In his filing, Justice Varma contends that the inquiry panel “reversed the burden of proof,” forcing him to disprove the allegations. He alleges the committee followed a “pre-conceived narrative,” prioritising speed over procedural fairness, and reached adverse findings without granting him a full and fair hearing.
“The recommendation by the CJI to the President and Prime Minister for my removal is unconstitutional and ultra vires,” the petition states. It argues that the 1999 in house procedure, adopted by the Supreme Court to handle complaints against judges, cannot supplant the constitutionally mandated process under Articles 124 and 218 or the safeguards set out in the Judges (Inquiry) Act, 1968.
According to Justice Varma, the in-house mechanism lacks key protections such as formal charges, cross examination and the standard of proof “beyond reasonable doubt,” thereby usurping Parliament’s sole authority to remove judges and violating the doctrine of separation of powers.
He also points out that the Constitution grants neither the Supreme Court nor the Chief Justice independent disciplinary power over High Court judges. “Administrative or self-regulating procedures cannot override the constitutionally protected tenure of High Court judges,” the plea says.
Justice Varma seeks to annul the committee’s final report of 3 May 2025, noting that the inquiry began without any formal complaint and arose from “presumptive queries” after sacks of half burnt banknotes were found following a fire on 14 March at his official residence. A Supreme Court press release publicising the allegations on 22 March subjected him to a “media trial” and irreparably damaged his reputation, he claims.
The petition asserts further violations of natural justice and Article 14 guarantees of fairness and reasonableness. It has yet to be listed for hearing.
The three-member panel, headed by Punjab and Haryana High Court Chief Justice Sheel Nagu, conducted a 10‑day inquiry, examined 55 witnesses and visited the scene. The panel concluded that Justice Varma and his family had “covert or active control” over the storeroom where the cash was found, misconduct serious enough to warrant removal from office. Acting on the report, CJI Khanna wrote to President Droupadi Murmu and Prime Minister Narendra Modi recommending impeachment.
Meanwhile, the I.N.D.I.A. bloc has yet to adopt a collective stance on the impending parliamentary motion. A meeting of alliance leaders is scheduled for Saturday evening in New Delhi.
