Justice Yashwant Varma takes oath in private; Bar Association slams 'clandestine manner'

Prayagraj (UP): Justice Yashwant Varma, recently transferred from the Delhi High Court to the Allahabad High Court amid serious allegations involving cash recovery from his residence, was sworn in on Saturday in the chamber of Chief Justice Arun Bhansali—an unusual move that has drawn sharp criticism from the High Court Bar Association (HCBA).

According to court sources, the oath ceremony took place at 9.30 am in a closed-door setting, unlike the conventional public proceedings attended by judges, lawyers and other dignitaries.
In a letter addressed to the Chief Justice on April 5, HCBA secretary Vikrant Pandey voiced the Bar’s strong disapproval of the way the ceremony was conducted. “Also, we have been given to understand that the majority of the Hon’ble Judges were also not invited/informed in the aforesaid. Thus, legally and traditionally, the oath administered to Justice Varma is fallacious/unacceptable,” the letter read.

The lawyers’ association, which had earlier opposed Justice Varma’s transfer to the Allahabad High Court, questioned why the Bar was kept in the dark about the swearing-in. “We unequivocally condemn the manner in which Justice Yashwant Varma was administered the oath behind our backs,” Pandey stated.

He added, “In due deference to our remonstration against the repatriation of Justice Yashwant Varma to Allahabad High Court, the Hon’ble CJI had met the members of the Bar and assured that appropriate steps be taken to maintain the dignity of the judicial system.”

Justice Varma’s transfer followed the controversial recovery of “four to five semi-burnt sacks” of currency notes from his residence after a fire incident. The Chief Justice of India had initiated an in-house inquiry into the matter. Justice Varma, however, denied any knowledge of the money, asserting that neither he nor his family was aware of it.

The HCBA also urged the Chief Justice not to assign judicial or administrative responsibilities to Justice Varma. The Bar fears that such actions could further dent public trust. “We are given to understand that the system is taking every step in a fair and transparent manner, but why this oath is not notified to the Bar, is a question which again eroded the trust of people in the judicial system,” Pandey pointed out.

He further said, “The entire Bar Association is at pains to learn about the clandestine manner in which Justice Yashwant Varma has been administered the oath of office at Allahabad.”

Referring to court traditions, Pandey highlighted, “Subscription to oath has traditionally and continuously been conducted in open court. Keeping the lawyer fraternity uninformed may erode their confidence in this institution.”
Emphasising the Bar's position, he reiterated, “We, once again condemn the aforesaid events and request the Hon’ble Chief Justice not to assign any administrative and judicial work to Justice Yashwant Varma.”

He called the oath-taking a “quintessential event” in the judiciary. “Lawyers being equal stakeholders in the institution, cannot be kept away,” Pandey said.

He also referenced the resolution passed by the Bar Association, noting, “The High Court Bar Association passed a resolution saying therein that this oath is against the Constitution of India and therefore, the members of the Association do not want to be associated with an unconstitutional oath.”

“What we resolved, we spoke openly and not only this, we also sent a copy of resolutions to everybody including your lordship. Thus, we failed to understand as to what is the ‘clandestine’ in this oath,” Pandey added.
As of now, there has been no official communication from the Allahabad High Court regarding the swearing-in of Justice Varma.

PTI