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Informist, Friday, Jan. 16, 2026

 

--SC rejects Justice Varma plea vs panel formed to probe cash-at-home row 

--CONTEXT: Lok Sabha Speaker set up panel to probe Allahabad HC judge Varma 

 

NEW DELHI – The Supreme Court Friday rejected a plea by Allahabad High Court's judge Justice Yashwant Varma challenging the legality of a committee formed by Lok Sabha Speaker Om Birla to conduct an inquiry into corruption allegations against him for his impeachment. In August last year, the Lok Sabha Speaker had formed a three-member panel to probe into allegations against Justice Varma after a huge amount of cash was recovered from his residence during a fire incident in March. 

 

Challenging the process adopted for the formation of the panel, Varma's counsel Advocate Mukul Rohatgi had said that despite the notices for removal being moved in both the Lok Sabha and the Rajya Sabha, Speaker Birla proceeded to constitute the committee on his own, without awaiting the Rajya Sabha Chairman's decision on admission of the impeachment motion or holding the mandatory joint consultation prescribed by law. Rohatgi said that according to the Judges (Inquiry) Act, 1968, when the notices for a judge's removal motion are given in both the Lok Sabha and the Rajya Sabha on the same date, no committee will be constituted unless the motion is being admitted in both Houses. When such a motion is admitted in both Houses, the committee shall be constituted jointly by the Lok Sabha Speaker and the Rajya Sabha Chairman, said Rohatgi. "So many MPs (Members of Parliament) and legal experts but no one pointed this out?" questioned the top court.

 

Accepting the motion signed by 146 MPs for the removal of Justice Varma, Birla had said, "The committee will submit its report as early as possible. The proposal (for removal) will remain pending till the receipt of the report of the inquiry committee."

 

The development came after the Supreme Court had in August dismissed Justice Varma's petition against an in-house committee report that indicted him in the cash recovery case. Further, the top court had upheld former chief justice of India Sanjiv Khanna's recommendation to President Droupadi Murmu to initiate proceedings against Justice Varma for his removal as a judge. 

 

The three-member in-house committee formed by the Supreme Court had said the half-burnt currency notes found in the storeroom of Justice Varma's residence could not have been there without the active consent of the judge and his family. It was impossible for the currency to be planted in the storeroom of his house, which was monitored by security, it said.

 

The in-house committee said while there might be no direct proof linking the high court judge to the stash, "strong inferential evidence" suggested his "covert or active control" over the money, which belied the trust reposed in him. This amounted to serious judicial misconduct, making a case to initiate the impeachment proceedings, the panel said.

 

In May, the three-member in-house committee appointed by the Supreme Court had submitted its report to the then chief justice of India Khanna, following its investigation into allegations that a large amount of cash was found at Justice Varma's residence after a fire broke out there in March. Thereafter, former chief justice Khanna recommended to the President to initiate removal proceedings against him. Justice Varma approached the Supreme Court, challenging the committee's report, the inquiry process conducted by the former chief justice, and the subsequent recommendation made to the President.  End

 

Reported by Surya Tripathi

Edited by Tanima Banerjee

 

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