Cash-at-home row: The Supreme Court is today scheduled to hear Allahabad High Court judge Yashwant Varma’s plea seeking invalidation of a report by an in-house inquiry panel, which found him guilty of misconduct in the cash discovery row.
In his petition, Justice Varma described as “XXX”, generally used by petitioners who are victims of sexual assault. A petitioner’s identity is also camouflaged in pleas involving juveniles and minors in matrimonial custody battles. SC has also directed courts not to reveal the names of rape survivors in judgments.
Justice Varma’s plea, titled ‘XXX vs Union of India’ is the 699th civil write petition filed in the SC this year. While Centre is the first respondent, SX itself is the second respondent. The plea was filed on July 17.
A bench of Justices Dipankar Datta and AG Masih is likely to hear the plea.
A battery of lawyers including senior advocate Kapil Sibal, Mukul Rohatgi, Rakesh Dwivedi, Sidharth Luthra and Siddharth Aggarwal are likely to represent Justice Varma
Justice Varma has also sought quashing of the May 8 recommendation by then Chief Justice of India Sanjiv Khanna, urging Parliament to initiate impeachment proceedings against him.
In his petition, Justice Varma submitted that the inquiry “reversed the burden of proof”, requiring him to investigate and disprove the charges levelled against him.
Alleging that the panel’s findings were based on a preconceived narrative, Justice Varma said the inquiry timelines were driven solely by the urge to conclude proceedings swiftly, even at the expense of “procedural fairness”.
The petition contended that the inquiry panel drew adverse findings without affording him a full and fair hearing.
A report of the inquiry panel probing the incident said that Justice Varma and his family members had covert or active control over the store room where a huge cache of half-burnt cash was found following a fire. This proves his misconduct, which is serious enough to seek his removal.
The three-judge panel headed by Chief Justice Sheel Nagu of the Punjab and Haryana High Court conducted the inquiry for 10 days, examined 55 witnesses and visited the scene of the accidental fire that started at around 11.35 pm on March 14 at the official residence of Justice Varma, then a sitting judge of the Delhi High Court and now in the Allahabad High Court.
The inquiry ‘reversed the burden of proof’, requiring him to investigate and disprove the charges levelled against him.
Acting on the report, then CJI Khanna wrote to President Droupadi Murmu and Prime Minister Narendra Modi recommending the judge’s impeachment.