Justice Yashwant Varma’s Plea Against Cash Sack Inquiry Faces Supreme Court Hurdle

A petition has been filed in the Supreme Court criticising the Central government for failing to conduct “an effective and meaningful investigation” into the reported discovery and removal of burnt currency from the official residence of High Court judge Justice Yashwant Varma in Delhi after a fire incident.

“The Central government, which is in charge of the Delhi Police, on it being reported that there has been an incident of huge volumes of currency notes, burned and partially burned, being found and clandestinely removed from the official residence of Justice Varma, was duty-bound to direct the Delhi Police to register an First Information Report (FIR).

It amounts to a great failure in the discharge of its sovereign function, nay, duty to investigate crimes and secure punishment to those who violate the law,” advocate Mathews J. Nedumpara, petitioner-in-person, stated in the plea.

In-House Committee Also Criticised Delhi Police

The petition aligns with the findings of an in-house inquiry committee formed by the then Chief Justice of India, Justice Sanjiv Khanna.

The committee had also criticised the Delhi Police for failing to act promptly. It stated that both the police and fire authorities were “slipshod” in their approach and did not lodge an FIR or prepare a seizure memo detailing their findings at the scene of the March 14-15 fire.

The committee noted that “higher police officers” justified their inaction by citing the “sensitivity of the issue” and the absence of Justice Varma from the premises during the incident. Justice Varma was in Bhopal when the fire broke out.

Justice Varma Questions Inquiry Findings

Justice Varma, who has also approached the Supreme Court through an anonymous petition, has questioned the conclusions of the in-house committee.

He argued that the findings were based on presumptions and not backed by material evidence.

According to his petition, there was no formal complaint about the discovery of the cash, and no seizure or panchnama was conducted. The entire case hinges on photos and videos privately taken by some officials.

Report Recommended Justice Varma’s Removal

The inquiry committee had submitted a confidential report in early May confirming the presence of cash at the judge’s residence.

The report recommended Justice Varma’s removal from office. Subsequently, Justice Sanjiv Khanna forwarded the findings to the President and Prime Minister, initiating the parliamentary process for removal.

A Third Attempt to Register FIR

Nedumpara’s petition is his third attempt in the apex court seeking the registration of an FIR. This plea coincides with both Justice Varma’s petition and the opening of the Parliament’s Monsoon Session, where the Opposition is expected to debate the removal motion.

Initially, the Supreme Court had asked Nedumpara to wait for the findings of the in-house fact-finding committee.

After the report was submitted and no FIR registered, he filed a second petition and was advised to approach the President and the Prime Minister.

“After the committee had submitted its report, no FIR was registered. The petitioner filed yet another writ petition and was asked by the court to approach the President and the Prime Minister… To the petitioner’s knowledge no FIR has been registered till date,” the advocate submitted.

Demand for Rule of Law and Equality

Nedumpara has urged the apex court to direct the Centre or Delhi Police to register an FIR or, alternatively, to seek permission from the Chief Justice for registering one.

“What is at stake is the concept of the rule of law, equality before law and equal protection of law,” the petition argued.

He intends to make an oral mention in court seeking an early hearing. However, the Supreme Court on Monday refused an urgent hearing of his plea for an FIR against Justice Varma. Chief Justice B R Gavai and Justice K Vinod Chandran turned down the request.

“Do you want it to be dismissed right now?” CJI Gavai asked, as per PTI.

Nedumpara replied that the plea deserved urgent consideration. “It is impossible to be dismissed. An FIR has to be registered. Now Varma seems to be asking for that only. There has to be an FIR, an investigation,” he said.

The CJI also rebuked the lawyer for addressing the accused judge as “Varma” and reminded him of courtroom decorum. “Is he your friend? He is still Justice Verma. How do you address him? Have some decorum. You are referring to a learned judge. He is still a judge of the court,” the CJI remarked.

Over 100 MPs Sign Motion for Removal

Union Parliamentary Affairs Minister Kiren Rijiju on Sunday stated that over 100 Members of Parliament have signed the motion to remove Justice Varma. Among them, 40 are Congress MPs, including Rahul Gandhi.

On May 8, the then CJI Justice Sanjiv Khanna granted permission for Parliament to proceed with impeachment.

He had also forwarded the inquiry report to Prime Minister Narendra Modi and President Droupadi Murmu. With the Monsoon Session now underway, the motion can be moved at any time.

Inquiry Panel’s Conclusion on Misconduct

The inquiry report stated that Justice Varma and his family had covert or active control over the storeroom where the cache of half-burnt cash was discovered, which amounted to serious misconduct warranting removal.

The three-judge panel, led by Chief Justice Sheel Nagu of the Punjab and Haryana High Court, conducted a 10-day inquiry, examined 55 witnesses, and visited the scene of the fire.