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The Supreme Court has dismissed Justice Yashwant Varma’s plea against an in-house panel report that found him guilty of misconduct in the cash recovery row, stating his conduct doesn’t inspire confidence.

Supreme Court Upholds Allahabad Judge Misconduct Verdict

Supreme Court Dismisses Judge's Misconduct Plea

The Supreme Court has dismissed Justice Yashwant Varma&rsquo;s plea against an in-house panel report that found him guilty of misconduct in the cash recovery row, stating his conduct doesn&rsquo;t inspire confidence.

Observing that procedure was scrupulously followed, the Supreme Court on Thursday dismissed Allahabad High Court judge Yashwant Varma's plea seeking invalidation of an in-house inquiry report finding him guilty of misconduct in the cash discovery row.
A bench of Justices Dipankar Datta and A G Masih said Justice Varma's conduct does not inspire confidence and his plea should not be entertained, a major upset for the judge at the centre of controversy since March when a huge cache of half-burnt cash was found following a fire in the storeroom of his official residence in Delhi.
Justice Varma had also sought quashing of the May 8 recommendation by then Chief Justice of India Sanjiv Khanna urging Parliament to initiate impeachment proceedings against him.
The top court said the then CJI and the in-house committee scrupulously followed procedure except for uploading of the video footage and the photographs.
"We have held that it was not required to do so (upload the photos and videos of the fire-fighting operation on the SC website) as per the procedure. But having said so, we have held that nothing turns on it, because at the opportune moment, you did not question it. And there is also no relief claimed in the writ petition in so far as the uploading is concerned," Justice Datta read from the judgement.
The apex court held that in-house procedure and the judges committee appointed by the then CJI adhered to the stipulated procedure and sending of the report to the prime minister and president with recommendation for his removal was not unconstitutional.
Pointing that the in-house procedure of the apex court had legal sanctity, the bench said it is not a parallel mechanism outside the constitutional framework.
The court also found no violation of Justice Varma's fundamental rights.
It granted liberty to Justice Varma to raise his contentions in any impeachment proceedings if initiated against him.
The top court had earlier told Justice Varma that his conduct did not inspire confidence and also defended the CJI's authority to act on any judicial misconduct, saying he cannot be merely a "post office but has certain duties to the nation".
It also dismissed a petition filed by advocate Mathews J Nedumpara seeking registration of an FIR against Justice Varma on the ground of "abuse of process of the Court".
While reserving its verdict on July 30, the court had also asked Justice Varma why he chose to move the apex court after an in-house committee found him guilty of misconduct.
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, he 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 had said 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 incident, proving 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. It started around 11.35 pm on March 14 at the official residence of Justice Varma who was then a sitting judge of the Delhi High Court.

The Supreme Court questioned Justice Yashwant Varma over his plea challenging a misconduct finding by an in-house inquiry panel, raising concerns about procedure and timing.

Supreme Court Questions Allahabad HC Judge Varma's Misconduct Appeal

Supreme Court Reviews Judge Varma's Misconduct Plea

The Supreme Court questioned Justice Yashwant Varma over his plea challenging a misconduct finding by an in-house inquiry panel, raising concerns about procedure and timing.

The Supreme Court on Monday questioned Justice Yashwant Varma over his plea to invalidate an in-house inquiry panel report indicting him over the discovery of huge cache of burnt cash from his official residence during his tenure as a Delhi High Court judge.
"Why did you appear before the inquiry committee? Did you come to the court that the video be removed? Why did you wait for the inquiry to be completed and the report be released? Did you take a chance of a favourable order there first," a bench of Justices Dipankar Datta and A G Masih asked senior advocate Kapil Sibal, who was representing Justice Varma.
The top court further quizzed Justice Varma over the parties he had made in his plea and said he should have filed the in-house inquiry report with his plea.
Sibal submitted there was a process under Article 124 (the Establishment and constitution of the Supreme Court), and a judge couldn't be a subject matter of public debate.
"The release of video on SC website, public furore, media accusations against judges are prohibited as per constitutional scheme," Sibal added.
The top court asked Sibal to come with one page bullet points and correct the memo of parties.
The matter was posted for July 30.
Justice Varma has sought quashing of the May 8 recommendation by then chief justice of India Sanjiv Khanna, urging Parliament to initiate impeachment proceedings against him.
His plea said 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 had said 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 incident, proving 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.
Acting on the report, then CJI Khanna wrote to President Droupadi Murmu and Prime Minister Narendra Modi recommending the judge's impeachment.

Supreme Court to set up bench for Justice Yashwant Varma’s plea challenging misconduct report and impeachment recommendation in cash discovery case.

Cash discovery row: Supreme Court to review plea by Justice Varma

Supreme Court to set up bench for Justice Yashwant Varma&rsquo;s plea challenging misconduct report and impeachment recommendation in cash discovery case.

The Supreme Court on Wednesday said it would constitute a bench to hear Allahabad High Court judge Justice Yashwant Varma's plea seeking to invalidate a report by an in-house inquiry panel, which found him guilty of misconduct in the cash discovery row.
Justice Varma has also sought quashing of the May 8 recommendation by then Chief Justice of India Sanjiv Khanna urging Parliament to initiate impeachment against him.
The matter was mentioned for urgent listing before a bench comprising Chief Justice B R Gavai and Justices K Vinod Chandran and Joymalya Bagchi.
Senior advocate Kapil Sibal, who mentioned the matter for Justice Varma, said the plea was in respect of recommendation made by the then CJI for removal of Justice Varma.
"We have raised some constitutional issues. I request your lordships to list it as early as possible," he said.
The CJI said, "I will have to constitute a bench".
He said it might not be proper for him to take up the matter as he was also a part of the process.
"We will take a call and constitute a bench," the CJI told Sibal. 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 had 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, proving 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.
Acting on the report, then CJI Khanna wrote to President Droupadi Murmu and Prime Minister Narendra Modi recommending the judge's impeachment.

Justice Yashwant Varma has moved the Supreme Court seeking urgent hearing on his plea challenging an in-house panel report finding him guilty of misconduct.

Cash discovery row: Justice Varma urges SC to accord urgent hearing on his plea

Justice Yashwant Varma has moved the Supreme Court seeking urgent hearing on his plea challenging an in-house panel report finding him guilty of misconduct.

Allahabad High Court judge Justice Yashwant Varma on Wednesday urged the Supreme Court to accord urgent hearing on his plea seeking to invalidate a report by an in-house inquiry panel, which found him guilty of misconduct in the cash discovery row.
"I will have to constitute a bench," Chief Justice B R Gavai told senior advocate Kapil Sibal, who mentioned the matter for Varma.
The CJI was heading a bench which also comprised Justices K Vinod Chandran and Joymalya Bagchi.
Sibal requested the bench to list the matter as early as possible, saying they have raised some constitutional issues in the plea.
Varma has also sought quashing of the May 8 recommendation by then Chief Justice of India Sanjiv Khanna urging Parliament to initiate impeachment against him.
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.&nbsp;

Justice Yashwant Varma of the Allahabad High Court has approached the Supreme Court to challenge an in-house panel's report recommending his removal over misconduct in the cash discovery case.

Cash discovery row: Justice Yashwant Varma moves SC against inquiry report

Justice Yashwant Varma of the Allahabad High Court has approached the Supreme Court to challenge an in-house panel's report recommending his removal over misconduct in the cash discovery case.

Allahabad High Court judge Yashwant Varma has moved the Supreme Court seeking to invalidate a report by an in-house inquiry panel, which found him guilty of misconduct in the cash discovery row.
Varma has sought quashing of the May 8 recommendation by then Chief Justice of India Sanjiv Khanna urging Parliament to initiate impeachment against him.
The government plans to move a motion to remove Varma in Parliament's Monsoon session beginning July 21.
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.
The petition is yet to be listed before a bench for a hearing.
A report of the inquiry panel probing the incident had 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, proving 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 Justice Varma, then a sitting judge of the Delhi High Court and now in the Allahabad High Court.
Acting on the report, former Chief Justice of India Khanna wrote to President Droupadi Murmu and Prime Minister Narendra Modi recommending the judge's impeachment.

justice yashwant varma

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