Controversial Transfer of Justice Yashwant Varma Sparks Protests and Legal Scrutiny

Allahabad High Court Bar Association Demands CJI to Initiate Impeachment Proceedings Against Justice Varma!

Yashwant Varma Sparks: In a move that has stirred controversy, the Supreme Court Collegium on Monday recommended the transfer of Justice Yashwant Varma from the Delhi High Court to his parent court, the Allahabad High Court. This recommendation follows the ongoing storm surrounding the judge, who is embroiled in a scandal involving the alleged discovery of unaccounted cash at his residence during a fire on March 14.

The decision was made after the Collegium, led by Chief Justice Sanjiv Khanna, deliberated on the issue for the second time. The Collegium’s five members, including Justices BR Gavai, Surya Kant, AS Oka, and Vikram Nath, issued a resolution that stated the repatriation of Justice Varma to the Allahabad High Court after reviewing the matter on March 20th and 24th.

In a public statement, the Supreme Court sought to quell the rumors surrounding the transfer, clarifying that it was unrelated to the ongoing internal inquiry initiated by the Delhi High Court Chief Justice. However, the legal community is far from quiet on the issue. Lawyers at the Allahabad High Court have strongly opposed the transfer, and in a dramatic move, they have announced an indefinite strike starting Tuesday.

Anil Tiwari, president of the Allahabad High Court Bar Association, voiced the collective frustration, urging Chief Justice Khanna to recommend the initiation of removal proceedings against Justice Varma. Tiwari also called for a comprehensive review of all judgments made by the embattled judge. The situation has escalated tensions in the legal community, with lawyers questioning whether this move is politically motivated or a step toward restoring judicial integrity.

The timing of the decision has raised eyebrows. On the same day as the transfer recommendation, Delhi High Court Chief Justice DK Upadhyay withdrew Justice Varma’s judicial duties, citing the recent controversy. A circular from the Delhi High Court confirmed the immediate cessation of Justice Varma’s judicial work until further orders.

The saga began when a fire at Justice Varma’s residence led to the discovery of unaccounted cash, sparking widespread speculation. The Delhi High Court’s Chief Justice subsequently formed a three-judge committee to investigate the matter. The committee, composed of Chief Justices from the Punjab and Haryana, Himachal Pradesh, and Karnataka High Courts, is tasked with scrutinizing the allegations. If the committee finds Justice Varma guilty, the Chief Justice of India could advise him to resign or seek voluntary retirement, potentially triggering formal proceedings for his removal.

In a historic move, the Supreme Court uploaded the report from the Delhi High Court Chief Justice on its website, which included photographs and videos of the alleged discovery of cash, alongside Justice Varma’s vehement denial of the allegations. This transparency has further fueled the debate over the integrity of the judiciary and the transparency of the investigation process.

Amidst the turmoil, Supreme Court lawyer Mathews Nedumpara has filed a Public Interest Litigation (PIL), demanding the registration of an FIR against Justice Varma. He has also challenged the CJI’s decision to form a three-member committee, arguing that the legal process should be subject to greater scrutiny. Nedumpara has even called for a review of the landmark 1991 K Veeraswami case, which restricted criminal proceedings against sitting judges unless the CJI consents.

The controversy surrounding Justice Varma underscores the ongoing tensions within India’s judiciary, particularly regarding accountability and corruption. Critics have long called for stricter measures to address judicial misconduct, and Nedumpara’s PIL highlights the urgent need for reform, particularly through the revival of the stalled Judicial Standards and Accountability Bill, 2010.

As the situation unfolds, it remains to be seen how the investigation will impact the reputation of the judiciary and whether the transfer of Justice Varma will lead to further unrest in the legal community. The case has brought the question of judicial transparency and accountability to the forefront, and the coming weeks could be crucial in shaping the future of India’s judicial system.