New Delhi: Chief Justice of India (CJI) Sanjiv Khanna has forwarded the three-member inquiry panel report that confirmed the presence of cash at the official residence of Justice Yashwant Varma when he was a Delhi High Court judge to the President and Prime Minister for further action.
Justice Varma is a sitting HC judge at Allahabad and was at the centre of controversy following discovery of cash after a fire broke out at his official residence in Delhi.
Sources told ThePrint that CJI Khanna sent the report Thursday following Justice Varma’s refusal to step down.
The CJI has also forwarded Justice Vama’s response to the report’s findings as well.
The sources added that the judge has reiterated his stand of no cash found from the official premises that he held while serving in Delhi and, hence, had declined to resign.
According to an official release issued Thursday evening by the Supreme Court, the CJI has sent his recommendation and the inquiry panel’s report in terms of the in-house procedure.
While the three-member committee had submitted its report to the CJI’s office on 3 May, 2025, the CJI had written to Justice Varma, advising him to tender resignation, ThePrint has learnt. However, in his reply sent to the CJI’s office on 6 May, Justice Varma remained firm with his stand and chose not to put in his papers.
The three-member panel formed 22 March on the instructions of CJI Khanna was under the in-house procedure adopted by the Supreme Court in 1999. The remit of the inquiry panel was to ascertain whether the allegation of discovery of cash from Justice Varma’s official residence following a fire in the storehouse of his official premises was true or not.
In an unprecedented move, CJI Khanna, who is set to demit office on 13 May, also made public the report submitted by Delhi High Court Chief Justice D.K. Upadhyaya, which included Justice Varma’s response given then. A video clip of the spot where the fire broke out and the burnt cash was found was also uploaded on the official website of the Supreme Court.
While the inquiry was pending, Justice Varma was transferred to his parent high court in Allahabad, where he took oath on 5 April. He was, however, divested of his judicial work.
CJI Khanna’s report can become the basis for Parliament to initiate removal proceedings against Justice Varma.
A judge of the High Court and the Supreme Court, according to the Constitution, cannot be removed except by process of removal by a majority of the House, which should not be less than two-third present and voting as provided by Articles 124 and 217 of the Constitution.
The Judges (Inquiry Act), 1968 provides for the manner of conducting an inquiry into the allegation of judicial conduct.
The inquiry kicks in when a motion of impeachment by at least 100 Lok Sabha members or 50 Rajya Sabha members is presented in the House. The Presiding Officer of the House concerned has to set-up this panel consisting three members.
So far, removal proceedings have been initiated in two instances. In January 2018, the in-house inquiry indicted the then-judge of the Allahabad High Court, Justice Narayan Shukla, for his alleged involvement in a medical college bribery case.
A month later, the then CJI Dipak Misra had written to the Prime Minister to initiate removal of the judge. But a removal motion was never moved in Parliament and the judge eventually retired on 17 July, 2020. Till then he remained in service, but was not allocated any judicial work. However, he continued to draw his full salary even for the period he did not work. In 2023, he was booked in a CBI case for corruption.
Previously in August, 2008, then CJI K.G. Balakrishnan had recommended removal of Calcutta High Court judge Justice Soumitra Sen. He was found guilty of misappropriation of money which brought disrepute to the high judicial office and dishonour to the institution of judiciary. The judge had resigned while the removal proceedings against him were on in Parliament.
(Edited by Tony Rai)
Also Read: Why SC refused to entertain PIL seeking FIR against Justice Yashwant Varma in cash row