High Court Judge Challenges Supreme Court Panel's Cash Discovery Report

High Court Judge Challenges Supreme Court Panels Cash Discovery Report
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Justice Yashwant Varma files petition in Supreme Court challenging inquiry committee's findings on unaccounted cash found in fire-damaged storeroom at his residence.

High Court Justice Yashwant Varma has filed a petition with the Supreme Court challenging the findings of an inquiry committee that investigated the discovery of unaccounted cash in a fire-damaged storeroom at his official residence. The incident occurred during a blaze on March 14-15, and the subsequent investigation has led to recommendations for the judge's removal from office.

The three-member inquiry panel, established by former Chief Justice Sanjiv Khanna, concluded that there was substantial evidence linking Justice Varma and his family to the presence of burnt currency notes found in the storeroom. The committee determined that the cash could not have been placed there without the knowledge or consent of the judge or his family members.

Justice Varma has contested both the committee's formation and its conclusions, arguing that the inquiry lacked proper legal foundation as it was not established under any constitutional provision or statute. He maintains that the investigation was flawed and filled with assumptions rather than concrete evidence. The judge has also raised concerns about media coverage affecting the proceedings and claims he was denied adequate opportunity to respond to witness testimonies.

The inquiry committee, comprising Justices Sheel Nagu, G.S. Sandhawalia, and Anu Sivaraman, rejected Justice Varma's assertion that he was the victim of a conspiracy. The panel reasoned that it would be nearly impossible to plant currency in the high-security residential premises of a sitting judge without detection.

According to the committee's findings, there was compelling circumstantial evidence suggesting that Justice Varma's trusted staff removed the burnt currency from the storeroom in the early morning hours of March 15. The panel noted that the currency notes discovered during firefighting efforts were of significant value and considered highly suspicious.

The investigation was initiated following a preliminary inquiry report submitted by Delhi High Court Chief Justice DK Upadhyaya on March 21, which recommended a more thorough investigation into the allegations. Chief Justice Khanna subsequently forwarded the committee's May 3 report to the President and Prime Minister, recommending Justice Varma's removal from office, just days before his own retirement on May 13.

Justice Varma's refusal to voluntarily resign led to the formal recommendation for his removal. He argues that the then Chief Justice forwarded the removal recommendation within hours of receiving the inquiry report, without any personal discussion or interaction with him, which he claims violated principles of natural justice.

The case represents an unprecedented situation as it is the first instance of a sitting High Court judge directly challenging such proceedings in the Supreme Court. The petition has not yet been assigned a case number or scheduled for hearing. The timing is significant as it comes just before the upcoming parliamentary monsoon session, during which the removal motion may be introduced.

Justice Varma's legal challenge raises important questions about the inquiry process, including the source of the cash and the cause of the fire, which he argues were not adequately addressed in the committee's report. The case highlights the complex procedural and constitutional issues involved in judicial accountability and the removal of judges from office.

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