Supreme Court to Form Special Bench for Justice Varma’s Petition

By Sulagna Halder 

New Delhi:

Chief Justice of India D Y Chandrachud on Wednesday agreed to constitute a special bench to hear a petition filed by Justice Yashwant Varma of the Allahabad High Court. The petition challenges the findings of an in-house committee that had recommended action against him in connection with the recovery of large amounts of cash from a storeroom at his Delhi residence.

The matter was mentioned in open court by senior advocate Kapil Sibal, appearing on behalf of Justice Varma. Sibal urged for an early hearing, citing serious constitutional concerns raised in the plea. “We have raised certain constitutional issues. We request Your Lordships to list the matter as early as possible,” he said.

CJI Chandrachud responded, “I will constitute a Bench.” He did not indicate any specific timeline but assured that the matter would be placed before an appropriate bench for hearing. Earlier, Chief Justice Gavai had recused himself from the case on the grounds that he had been part of the communication concerning the in-house inquiry report, making it inappropriate for him to hear the matter.

Justice Varma’s plea contests the validity of the in-house inquiry process which, he claims, does not conform to the constitutional provisions under Articles 124 and 218 or the Judges (Inquiry) Act, 1968. He has alleged that the procedure lacked transparency, denied him a fair hearing, and reversed the burden of proof. The petition also states that the inquiry panel selectively disclosed incriminating material while withholding evidence that may have been in his favour.

The controversy began when a fire broke out in the outhouse of Justice Varma’s official residence in Delhi on 14 March. During the fire-fighting operation, several sacks containing large amounts of partly-burnt currency were reportedly discovered. Following this, a three-judge panel was formed under the in-house procedure to examine the matter. The committee concluded that Justice Varma had “covert or active control” over the premises where the money was found. On 8 May, then Chief Justice Sanjiv Khanna forwarded the report to the President and Prime Minister, recommending initiation of impeachment proceedings.

Justice Varma has denied any wrongdoing and approached the Supreme Court seeking that the findings and the recommendation of the inquiry committee be set aside. The petition argues that the in-house process was not only flawed but also unconstitutional.

Meanwhile, both the Lok Sabha and Rajya Sabha were informed on 21 July that notices had been received for initiating Justice Varma’s removal process, signalling that Parliament could take up the matter during the ongoing Monsoon Session.

The Supreme Court’s decision to form a special bench is being viewed as a critical moment in the case, which raises important questions on judicial accountability and the procedural fairness of the in-house mechanism followed for sitting judges. The bench is expected to first decide whether the petition is maintainable before examining the larger constitutional challenges posed.