New Delhi: The Supreme Court has in an unprecedented move made public the report of Delhi High Court Chief Justice Devendra Kumar Upadhyaya, and other documents pertaining to the enquiry, who was asked to conduct a preliminary probe into the alleged discovery of a massive stash of cash at the residence of Justice Yashwant Varma.
The report was submitted late Friday evening.
In his report to Chief Justice of India (CJI) Sanjiv Khanna, Justice Upadhyaya concluded that the incident warranted a deeper probe.
“On examining the incident reported, the material available and the response of Justice Yashwant Varma, what I find is that the Commissioner of Police in his report dated 16 March has reported that as per the guard posted at the residence of Justice Yashwant Varma, the debris and other partially burnt articles were removed from the room where the fire had broken out in the morning of 15 March,” the report states.
It adds: “The enquiry conducted by me, prima facie, does not reveal possibility of entry or access to the room by any person other than those residing in the bungalow, the servants, the gardeners and CPWD personnels, if any. Accordingly, I am of the prima facie opinion that the entire matter warrants a deeper probe.”
The report added that as part of his enquiry, Justice Upadhyaya had requested the Delhi police commissioner to obtain call record details of Justice Varma’s mobile phone for the last six months, and had asked the judge not to dispose of the handset, nor delete or modify any conversation, messages or data from the device. The call detail records have been submitted to the CJI in a pen drive, while an Internet Protocol Detail Record (IPDR) report is awaited.
Furthermore, information has been sought from the deputy commissioner of police (security) regarding details of the personal security officers and security guards posted at Justice Varma’s residence during the last six months, that is from 1 September, 2024 till date.
Chief Justice Upadhyaya has sought these details in accordance with CJI Khanna’s instructions issued to him through a letter Friday.
Justice Varma’s denial
The report narrates the entire sequence of events with regard to the alleged incident, and how Justice Upadhyaya had received the information about discovery of cash in the storeroom of Justice Varma’s residence on the morning of 15 March from the police commissioner. Justice Upadhyaya was in Lucknow at the time and had a telephonic conversation with the police commissioner. A day later, he was also told about how the debris and half burnt articles were removed from the spot on 15 March morning itself.
The papers uploaded also enclose Justice Varma’s six-page response denying the allegations, and photographs as well as the video of the burnt cash.
Justice Varma in his reply states that he is being implicated to tarnish his reputation and vouches for his integrity given the fact that there has never been any complaint in his decade-long judicial career.
“I would also beseech you to bear in consideration that in all my years as a judge of a High Court, no such allegation had ever been made in the past nor any doubt cast on my integrity. In fact, I would be grateful if an enquiry is made with respect to my functioning as a judge and what is the perception of the legal fraternity with regard to my integrity and honesty in the discharge of my judicial functioning,” read Justice Varma’s reply.
Refuting the charges, he further said: “I state unequivocally that no cash was ever placed in that storeroom either by me or any of my family members and strongly denounce the suggestion that the alleged cash belonged to us. The very idea or suggestion that this cash was kept or stored by us is totally preposterous.”
He further stated: “The suggestion that one would store cash in an open, freely accessible and commonly used storeroom near the staff quarters or in an out-house verges on the incredible and incredulous. It is a room which is completely disassociated from my living areas and a boundary wall demarcates my living area from that outhouse. I only wish that the media had conducted some enquiry before I came to be indicted and defamed in the press.”
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