Cash discovery row: SC collegium starts initial inquiry against Delhi HC judge

- March 21, 2025
| By : Patriot Bureau |

The initial inquiry, which is not an in-house inquiry as envisaged in Supreme Court judgements, would entail seeking of a primary report on the incident from the Chief Justice of the Delhi High Court

Supreme Court

In a swift response to recent developments, the Supreme Court collegium on Friday initiated a preliminary inquiry into Delhi High Court judge Justice Yashwant Varma. This comes after a significant amount of cash was allegedly discovered at his official residence following a fire incident. Alongside the inquiry, the collegium has also proposed his transfer to the Allahabad High Court.

The preliminary inquiry, distinct from an official in-house inquiry as defined by Supreme Court judgments, involves seeking a report from the Chief Justice of the Delhi High Court regarding the incident. The Collegium, led by Chief Justice of India Sanjiv Khanna, held an urgent meeting where it decided to begin the process of transferring Justice Varma to the Allahabad High Court, his parent high court.

Sources indicate that this initial step could be followed by further action, depending on the findings. The alleged discovery of cash at Justice Varma’s residence and the collegium’s subsequent deliberations were first reported by The Times of India.

The proposed transfer will take effect only after the Centre approves the collegium’s recommendation, which has yet to be officially submitted. The exact amount of cash reportedly found at the judge’s residence remains undisclosed.

Justice Varma, who enrolled as an advocate in 1992, was appointed as an additional judge of the Allahabad High Court in 2014. He became a permanent judge in 2016 before his elevation to the Delhi High Court in 2021. Currently, he presides over a division bench handling cases related to sales tax, GST, and company appeals.

In a related development, Justice Varma, the second senior-most judge of the Delhi High Court, did not hold court on Friday. His court master informed advocates about his absence. Meanwhile, Delhi High Court Chief Justice D.K. Upadhyaya expressed shock over the incident when a senior advocate raised the matter in court.

The Supreme Court collegium reportedly acted after being alerted by certain government officials regarding the alleged discovery of cash. Some senior collegium members have reportedly called for stricter action, including seeking Justice Varma’s resignation. If he refuses, an in-house inquiry as per the Supreme Court’s established procedures could be initiated.

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The judiciary has a defined in-house inquiry mechanism to address allegations against judges of constitutional courts. As per protocol, the Chief Justice of India can form a panel of three Supreme Court judges to conduct an inquiry after seeking the judge’s response. Based on the findings, further action may be considered.

A judge of a constitutional court can only be removed through an impeachment motion passed by Parliament.

(With inputs from PTI)