CJI forms 3-member panel to probe allegations against Justice Varma

Chief Justice of India Sanjiv Khanna on Saturday formed a three-member panel to look into the allegations of huge cash found at the residence of Justice Yashwant Varma of the Delhi High Court.

In a late evening notification by the Supreme Court, released around 8.30 pm on 22 March, the chief justice of the Delhi High Court has been advised not to give any judicial work to Justice Varma.

The three-member panel will comprise Justice Sheel Nagu, chief justice of the Punjab and Haryana High Court; Justice G.S. Sandhawalia, chief justice of Himachal Pradesh HC; and Justice Anu Sivaraman, CJ of the Karnataka High Court.

The report of unaccounted cash recovered from the residence on 14 March was first reported by The Times of India on Friday, 21 March after the Supreme Court collegium ‘allegedly’ decided to transfer Justice Varma back to his parent High Court in Allahabad.

While Justice Varma is the second senior-most judge in the Delhi High Court and was slated to take over as the chief justice following the retirement of Justice D.K. Upadhyay, he would be the 9^th in seniority in the Allahabad High Court.

On 22 March, however, confusion was created first by the Supreme Court which clarified that the decision to transfer Justice Varma had no correlation with the allegation of cash recovery from his residence.

To add to the confusion, the Delhi Fire Services chief-- who was quoted by several media outlets including a news agency on Friday as saying that no cash was recovered from the judge’s residence-- in a flip-flop was quoted on Saturday as saying that he had never said that no cash was found.

According to the rules of procedure, no criminal proceedings can be initiated against a sitting judge unless the Chief Justice of India (CJI) is consulted. Once the Chief Justice of India is satisfied that the allegations are prima facie credible, the CJI has to advise the President of India to allow the police to register an FIR.

Before such an advice is given, the CJI is expected to seek a report from the Chief Justice of the high court concerned, secure the statement of the judge in question and constitute a committee of three judges to look into the evidence. Once the CJI advises the President to give permission for an FIR to be lodged, the action can follow.