In an unfolding constitutional contest over judicial accountability and due process, Chief Justice of India B. R. Gavai on Wednesday recused himself from hearing a plea filed by Justice Yashwant Varma of the Allahabad High Court, who has challenged the validity of an in-house committee report recommending his removal following the alleged recovery of unaccounted cash at his official residence.
The matter was mentioned for urgent listing by Senior Advocate Kapil Sibal before the Bench led by CJI. “This raises some constitutional issues. If it can be listed as early as possible,” Sibal submitted. However, CJI Gavai declined to take up the matter, stating, “It will not be possible for me to take up this matter because I was also part of the committee. We will list it.”
Justice Varma, through a writ petition filed in the Supreme Court, has assailed the in-house committee report as unconstitutional, contending that the procedure followed creates a “parallel and extra-constitutional mechanism” lacking statutory safeguards. His petition asserts that the in-house process undermines the constitutional scheme for removal of judges as prescribed under the Judges (Inquiry) Act, 1968, which vests removal authority solely in Parliament. He has prayed for a declaration that the recommendation made by former CJI Sanjiv Khanna for his removal be declared ultra vires.
The petition alleges procedural improprieties in the inquiry, including the absence of a formal complaint, non-disclosure of the method adopted by the inquiry panel, and denial of a fair opportunity to respond to or challenge the evidence against him. Justice Varma also took objection to the Supreme Court’s press release regarding the incident, claiming it subjected him to a media trial.
The controversy stems from a fire that broke out at Justice Varma’s official residence, while he and his wife were travelling outside the city. During the firefighting operation, a large volume of unaccounted cash was allegedly discovered by emergency personnel, prompting speculation and allegations of corruption. A video purportedly showing bundles of currency being consumed by flames was later circulated online.
In response, an in-house committee was constituted by former CJI Sanjiv Khanna, comprising Chief Justices Sheel Nagu (Punjab & Haryana), GS Sandhawalia (Himachal Pradesh), and Justice Anu Sivaraman (Karnataka High Court). The committee conducted its proceedings between March 25 and May 3, and its report was submitted to former CJI Sanjiv Khanna on May 4. Following the committee’s indictment, the report was forwarded to the President of India along with a recommendation for initiating impeachment proceedings.
Justice Varma’s petition raises multiple questions regarding procedural fairness. He asserts that the committee’s report fails to establish ownership or quantify the recovered cash. He further alleges that CJI Sanjiv Khanna had exerted pressure by urging him to resign or opt for voluntary retirement within an “unduly restricted timeline,” failing which proceedings for removal would be initiated.
In the interim, the judge has been divested of judicial work and was repatriated to the Allahabad High Court. He has since been administered the oath of office but remains without judicial assignments. Meanwhile, reports indicate that the Central government is actively considering bringing an impeachment motion in Parliament.
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