Justice Yashwant Varma Cash Row: The Allahabad High Court Bar Association has begun an indefinite strike today, protesting the proposed transfer of Justice Yashwant Varma. Lawyers in Allahabad are demanding a comprehensive investigation into unaccounted cash found at his official residence after a fire broke out on March 14.

Leading the demonstration at gate number 3 of the Allahabad High Court, Bar Association President Anil Tiwari said that the protest is against those who have “betrayed the judicial system”. 

“This protest is not against any court or judge but against those who have betrayed the judicial system,” Tiwari told reporters from the protest site. 

He added, “Our fight is against those involved in corruption and against a system that lacks transparency. For now, our demand is a reconsideration and withdrawal of the transfer order.”

Justice Yashwant Varma case: What has happened so far?

After Rs 15 crore cash was found at Justice Yashwant Varma’s official residence in Lutyens Delhi, his transfer to the Allahabad High Court was proposed, and the Delhi High Court revoked his judicial responsibilities. The decision was taken by a Supreme Court Collegium led by Chief Justice of India Sanjiv Khanna. This decision was met with strong opposition by lawyers in Allahabad.

‘Is the Allahabad High Court a trash bin?’

Following this decision, the Allahabad High Court Bar Association shared a strongly worded letter to the Chief Justice as well as all the Judges of the Allahabad High Court opposing the decision. 

“This decision of the Collegium raises a serious question – is the Allahabad High Court a trash bin? This matter becomes important when we examine the current situation… wherein the Allahabad High Court is short of judges. New judges have not been appointed for many years,” the letter read. 

It further added, “It is also of grave concern that while elevating members of the Bar, the Bar was never consulted. Consideration of eligibility appears to be not up to the mark. Something is lacking. It has resulted in corruption and consequently, the public’s faith in the judiciary is damaged.”

“We will not accept corrupt people. We will close the court work if needed. We will have a meeting and then we will take action. We will go sine die if needed,” Tiwari told Bar and Bench.

Initate impeachment proceeding against Justice Varma: Bar

“The High Court Bar Association opposes any proposed transfer of Justice Yashwant Varma to Allahabad High Court or its Lucknow bench or to any other High Court,” President of Allahabad HC Bar Association Anil Tiwari told reporters. He also urged the Chief Justice of India (CJI) Sanjiv Khanna to initiate impeachment proceedings against Justice Varma.

The Bar Association further called for a Supreme Court review of Justice Varma’s past judgments. “All the judgements delivered by Justice Yashwant Varma during his tenure as a judge at Allahabad High Court and Delhi High Court be reviewed in order to inspire the confidence of people at large to regain public faith in the judicial system.”

CJI’s three-member committee begins investigation

Chief Justice of India Sanjiv Khanna has set up a three-member committee to conduct an internal inquiry into the allegations against Justice Yashwant Varma. The committee includes Punjab & Haryana High Court Chief Justice Sheel Nagu, Himachal Pradesh High Court Chief Justice GS Sandhawalia, and Karnataka High Court Judge Anu Sivaraman.

Under the Supreme Court’s in-house inquiry framework, complaints against judges of constitutional courts are assessed by a three-judge panel. Depending on the findings, appropriate action may follow. However, a judge can only be removed through an impeachment motion passed by Parliament.

The committee has initiated an inquiry into Justice Varma’s case. They have reached his residence. 

Justice Varma cries foul play 

Justice Yashwant Varma has “unequivocally” denied that he or any of his family members placed the cash in the storeroom, while “strongly denouncing the suggestion that the alleged cash belonged” to them.

“The very idea or suggestion that this cash was kept or stored by us is totally preposterous. The suggestion that one would store cash in an open, freely accessible, and commonly used storeroom near the staff quarters or in an outhouse verges on the incredible and incredulous. It is a room that 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 inquiry before I came to be indicted and defamed in the press,” Justice Varma said in a six-page reply to Delhi HC Chief Justice DK Upadhyay. 

He added, “I was totally shocked to see the contents of the video since that depicted something which was not found on site as I had seen it. It was this which prompted me to observe that this clearly appeared to be a conspiracy to frame and malign me.”

He stated that he conducted his own inquiry and found that neither his family nor his staff was ever shown the burnt sacks of money. He further added that his staff confirmed there was no removal of currency allegedly found in the storeroom of his residence.