Judges committee found misconduct against Justice Varma proved to initiate removal [Read Probe Report]

NEW DELHI: A three-judge committee, which inquired into allegations of cash pile found at the official residence of then Delhi High Court judge Justice Yashwant Varma, has held there is sufficient substance in the charges against him and the misconduct found proved was serious enough to call for initiation of proceedings for his removal.

It held that the cash or money was found in the store room of the bungalow, officially occupied by him and the access to it has been found to be within the covert or active control of the judge and his family members.

It also found that by way of strong inferential evidence, it was established that the burnt cash was got removed from the store room during the wee hours of March 15, 2025 from 30 Tughlak Crescent, New Delhi.

"Keeping in view the direct and electronic evidence on record, this committee is firmly of the view that there is sufficient substance in the allegations raised in the letter of the Chief Justice of India of March 22, 2025 and the misconduct found proved is serious enough to call for initiation of proceedings for removal of Justice Yashwant Varma, judge of the Allahabad High Court," it said.

On March 22, the then CJI set up the committee headed by Justice Sheel Nagu, Chief Justice of the High Court of Punjab and Haryana, and comprising Justice G S Sandhawalia, Chief Justice of the High Court of Himachal Pradesh and Ms Justice Anu Sivaraman, judge of the High Court of Karnataka.

The committee has given its report on May 3, 2025 analysing the statements of 55 witnesses, including of Justice Varma and conducting the probe for 10 days. Then CJI Sanjiv Khanna forwarded the report to the President and the Prime Minister for further action as Justice Varma reportedly refused to step down.

The report claimed it stood established that the tacit and active control of the access to the store room was with Justice Varma and his family members and well monitored without any outsiders getting access to it without permission.

In this view of the matter, the objection of the store room being situated at a distance from the residential portion of the bungalow fades into insignificance, it held.

The report stated the factum of the burnt cash having been found in the store room was undeniably established and therefore, the burden shifted upon Justice Varma to account for the said cash by giving a plausible explanation which he failed to do except projecting a case of flat denial and raising a bald plea of conspiracy.

The report said where presence of burnt cash in the store room is established, it is for Justice Varma to account for the same by either successfully raising a defence of planting of cash in the store room which he failed to do or proving the defence of conspiracy theory by adducing evidence or material that the money or cash did not belong to him but to someone else by disclosing the identity of the real owner of the cash.

"Not having done so, Justice Varma cannot be helped and therefore, this committee holds that the money/cash was found in the store room located within the premises of 30 Tughlak Crescent, New Delhi occupied by Justice Varma, the source of which could not be accounted for by Justice Varma," it held.

The panel also concluded by a conjunctive reading of the statements of eye witnesses, electronic evidence and the circumstantial evidence, and by way of strong inferential evidence on record that the most trusted personnel of domestic staff ie. Rahil or Hanuman Parshad Sharma and Rajinder Singh Karki, private secretary to Justice Varma were instrumental in removing the burnt money or cash from the store room during the wee hours of March 15, 2025 sometime after the firemen/Delhi Police personnel had left the premises.

[Read Probe Report]