New Delhi: The Allahabad High Court Bar Association has demanded that all judgments delivered by Justice Yashwant Varma as a judge of the Allahabad and Delhi high courts be looked into, and immediate steps be taken for his impeachment.
This comes the same day the Delhi High Court announced that judicial work has been withdrawn from Varma—from whose residence a large stash of burnt cash was discovered after a fire—with immediate effect until further orders. Justice Varma has denied the allegations of the cash belonging to him or his family members.
Bar association president Anil Tiwari said Monday, “It is apposite to state that after this incident, the judiciary, specifically the high court and the Supreme Court, will not be able to claim moral high grounds.”
Reading out the resolution to a crowd of advocates gathered in the court library hall Monday, Tiwari said Justice Varma’s “conduct” has “shocked the nation and the functionality of the Constitution is at stake”.
“…Therefore continuance of Justice Yashwant Varma any further as high court judge is dangerous for the democracy as it eroded public faith, which is the only power available with the judicial system. If faith is gone, everything is gone, the nation will collapse,” he added.
The resolution further said: “It is further discussed by the senior lawyers that the conduct in question does not pertain to any judicial function of Justice Varma, and therefore no protection or facility is to be granted. This protection is given for due discharge of judicial duty.”
‘Let him sit in Delhi, and scrutinise him there’
Tiwari said the association opposes any proposed transfer of Justice Varma to the Allahabad High Court or its Lucknow bench or any other high court. “Let him sit in Delhi, and scrutinise him there.”
The bar association president even said that Chief Justice of India (CJI) Sanjiv Khanna must immediately allow for an investigation by the Central Bureau of Investigation (CBI), Enforcement Directorate (ED), or any other investigating agency. “If need be, he (Varma) should be taken into custody for questioning and interrogation with prior permission of CJI.”
Tiwari also appealed to the government to make amendments to the Judges (Inquiry) Act 1968, to make the procedure quick, easy and transparent by including members of the civil society. He questioned the procedure to appoint judges to the Supreme Court and high courts through the collegium system of appointments, calling it non-transparent.
“All eligible and competent persons are not considered, rather, consideration is limited to a very judicial class of lawyers, who are either from a family of judges or of influential lawyers or close to them,” he alleged, calling for a review of the collegium system.
A copy of the resolution has been asked to be sent to all bar associations of the country, as well as the government, the CJI and all Supreme Court judges.
Earlier on Friday, the high court bar association had also issued a notice, saying it was “taken aback” by the proposal to transfer Justice Varma to Allahabad High Court.
“This decision of the collegium of the Supreme Court raises a serious question as to whether the Allahabad High Court is [a] thrash bin (sic)?” asserted the notice marked to the chief justice of the Allahabad High Court and all the high court judges.
A press release by the Supreme Court Friday clarified that a proposal for Varma’s transfer is still under consideration by the collegium, and is independent of the in-house inquiry initiated against the judge.
(Edited by Gitanjali Das)
Also Read: Justice Varma of Delhi HC, under fire for ‘cash found at home,’ once ruled to curtail ED powers