CJI sets up 3-member panel to conduct further probe into allegations against Justice Varma

CJI Sajiv Khanna took the step after reading the preliminary investigation conducted by the Delhi Chief Justice. A decision on Justice Varma's transfer will be taken on Monday.

File photo of Justice Yashwant Varma | Representational image | ANI

New Delhi: A three-member enquiry panel will conduct further investigations into the allegations that unaccounted-for cash was found at the residence of sitting Delhi High Court judge, Justice Yashwant Varma. Chief Justice of India (CJI) Sanjiv Khanna Saturday constituted the panel to carry out a detailed enquiry into the incident that has sent shockwaves through the legal circle.

While Punjab and Haryana High Court Chief Justice Sheel Nagu will head the panel, Chief Justice G.S. Sandhawalia, who heads the Himachal Pradesh High Court, and Justice Anu Sivaraman, a judge of the Karnataka High Court, will be members.

According to a statement issued by the Supreme Court late Saturday evening, CJI Khanna has also asked Delhi High Court Chief Justice Devendra Kumar Upadhyaya not to assign any judicial work to Justice Varma.

The move to set up the high-powered probe panel was taken following a report from Justice Upadhyaya, who was asked to conduct a preliminary probe into the allegations against Justice Varma. The report was submitted late Friday evening.

Both the report and Justice Varma’s response to the allegations were given to the CJI, who, after perusing the documents, felt that the issue required an in-depth investigation.

With this, the CJI has taken the next step under the in-house enquiry procedure, a self-evolved mechanism to look into allegations of misconduct, impropriety, and corruption against sitting judges.

The allegations that cash was found at Justice Varma’s residence on 14 March emerged late Thursday evening when the CJI met his four seniormost colleagues to bring the incident to their notice. These four judges—Justices B.R. Gavi, Suryakant, Abhay S. Oka and Vikram Nath—are members of the CJI-led 5-member collegium that takes decisions on the transfer of High Court judges.

According to the allegations, the cash was found in the storeroom of the outhouse when a team of firefighters and police officials were attempting to douse a fire. The incident was brought to the notice of senior officials, who, in turn, took up the matter with CJI Khanna. A video clip of the money seen in the room was also shown to the CJI.

Before convening the collegium, CJI Khanna had already sought a report from Chief Justice Upadhyaya. During the collegium meeting, CJI Khanna and the other members mulled the option of transferring Justice Varma back to his parent high court in Allahabad. While Justice Varma is the third senior-most judge in the Delhi High Court, and, also a member of the Delhi collegium, in Allahabad, he would be down to number 9 in seniority.

However, before finalising the resolution on his transfer, the Supreme Court collegium, in terms of the procedure, has asked for the opinion of sitting Supreme Court judges who have been elevated from the Allahabad and Delhi High Courts. Seeking the views of a consultee judge is part of the norm.

A source told ThePrint that a final call on Justice Varma’s transfer would be taken Monday, once the opinions are received from the consultee judges.

The Delhi High Court Chief Justice’s report and Justice Varma’s response will also be uploaded on the Supreme Court’s website, according to the statement. Sources said that before deciding to make the report public, the CJI had informed the collegium members, even though he is not required to do so under the in-house procedure.

CJI’s next line of action will be based on the three-member panel’s report.

(Edited by Sanya Mathur)