Top Court rejects Justice Varma's plea in cash row

The Supreme Court on Thursday dismissed Justice Yashwant Varma's plea challenging an in-house inquiry report that recommended his removal after a large cash stash was found in his residence earlier this year.

The verdict clears the way for Parliament to hasten impeachment proceedings against the judge, who had also challenged the then CJI's recommendation to the President to remove him. A bench of Justices Dipankar Datta and AG Masih held that the constitution of the in-house committee and the inquiry procedure followed by it were not illegal.

"The CJI and the in-house committee scrupulously followed the process except for uploading photos and video, and we have said it was not required. But nothing turned on it because you did not challenge it then," the Supreme Court said. "We have held that the CJI sending letter to the Prime Minister and President was not unconstitutional. We have made certain observations where we have kept it open for you to raise proceedings if needed in the future," the court further said.

The judge, who filed the petition under an anonymous name (XXX) to not disclose his identity, said the inquiry was procedurally flawed and based solely on presumptive queries without a formal complaint.

On the judge's submission that he was not given an opportunity to be heard before forwarding the report to the President, the court said doing so was not a requirement as per the procedure. The court maintained that there was no violation of the petitioner's fundamental rights. "The in-house procedure enjoys legal sanctity and is not a parallel mechanism outside the constitutional framework," the top court said.

During the hearing, senior advocate Kapil Sibal, representing Justice Varma, argued that the in-house committee was not empowered to recommend a judge's removal and its ambit was limited to advising the Chief Justice. Sibal said such a move would create an extra-constitutional mechanism. "We have said that the procedure has legal sanction. We have also held that it is not a parallel and extra-constitutional mechanism," Justice Datta said.

The stacks of cash, some over 1.5 feet, were found at Justice Varma's official residence in Delhi when a fire broke out there on March 14. The judge was not at his residence then.

The in-house inquiry panel concluded that Justice Varma and his family members had active control over the room where the cash was found and recommended his removal. The Supreme Court also transferred him from the Delhi High Court to the Allahabad High Court and withdrew all judicial work from him.