Justice Yashwant Varma Resigns to Avoid Parliamentary Removal Debate, Faces Potential Corruption Probe
Justice Yashwant Varma's resignation on Friday has spared him the humiliation of defending himself in Parliament against a motion for his removal as a judge. However, this move potentially opens the door for authorities to launch a formal investigation into the source of substantial cash discovered at his official residence in a high-security zone of New Delhi.
Immunity Lifted, Investigation Looms
The investigation, previously stalled due to the judicial immunity he enjoyed as a High Court judge, could now proceed under the Prevention of Corruption Act. Last week, Justice Varma's legal team dismissed widespread speculation about his impending resignation as mere "rumor." However, consistent eyewitness accounts presented during committee hearings appear to have convinced the judge of the futility of clinging to his position.
Sequence of Events Leading to Resignation
The controversy erupted when Delhi Police Commissioner informed Chief Justice of Delhi High Court, Justice D.K. Upadhyay, on March 14-15 about the sensational recovery of cash by fire and police personnel at Justice Varma's bungalow. This followed an emergency call from the judge's daughter reporting a fire. Justice Upadhyay immediately involved then Chief Justice of India, Sanjiv Khanna, triggering rapid developments that reignited debates about alleged corruption within the judiciary and renewed calls for reforming the Supreme Court collegium's exclusive control over judicial appointments.
On March 20, the CJI-led Supreme Court collegium considered transferring Justice Varma back to the Allahabad High Court and suspended him from judicial duties. Simultaneously, CJI Khanna requested a detailed report from the Delhi High Court Chief Justice. Upon receiving this report, the collegium formally recommended his transfer. The Times of India first broke the story about the incident and Justice Varma's transfer on March 22 last year.
Judicial Inquiry and Parliamentary Proceedings
The situation escalated when CJI Khanna established an inquiry committee comprising Punjab and Haryana Chief Justice Sheel Nagu, Himachal Pradesh Chief Justice G.S. Sandhawalia, and Karnataka High Court Justice Anu Sivaraman. After conducting an extensive investigation, the committee's May 3 report confirmed both the discovery of large sums of cash at Justice Varma's residence and its subsequent mysterious disappearance.
CJI Khanna forwarded the report to Justice Varma with a suggestion to resign. When Justice Varma refused, the CJI submitted the report to the President and Prime Minister, advising the government to initiate parliamentary proceedings for his removal. Following the filing of a removal motion in Lok Sabha, Speaker Om Birla constituted a three-member committee on August 12, headed by Supreme Court Justice Aravind Kumar and including Madras High Court Chief Justice M.M. Srivastava and senior advocate B.V. Acharya, to investigate the allegations against Justice Varma. Justice Srivastava, who retired on March 5, was subsequently replaced by Bombay High Court Chief Justice Shree Chandrashekhar.
The Lok Sabha office had nearly completed compiling evidence, primarily based on the in-house inquiry committee's findings, and was in advanced stages of concluding proceedings against Justice Varma when his resignation intervened.
