New Delhi: The Supreme Court on Monday sharply questioned Justice Yashwant Varma regarding his petition challenging an internal inquiry panel’s report that found him culpable in connection with a major discovery of partially burnt cash at his official residence during his stint as a Delhi High Court judge.

A bench, comprising Justices Dipankar Datta and A G Masih, posed tough questions to senior advocate Kapil Sibal, representing Justice Varma, particularly about the judge’s participation in the inquiry.

“Why did you appear before the inquiry committee? Did you come to the court to have the video removed? Why did you wait for the inquiry to be completed and the report be released? Did you take a chance of a favourable order there first?” the bench asked.

The bench also took issue with how Justice Varma had framed his petition, indicating that the list of parties named was incorrect and that he should have attached the inquiry panel’s report with his filing.

Sibal, while defending his client, argued that the matter involved constitutional processes under Article 124, which pertains to the structure and establishment of the Supreme Court, and that sitting judges should not be subjected to public scrutiny.

“The release of video on SC website, public furore, media accusations against judges are prohibited as per constitutional scheme,” Sibal said.

The court directed Sibal to revise the memo of parties and to submit a one-page note highlighting key points. The case has been listed for further hearing on July 30.

Justice Varma has moved the apex court seeking to nullify the May 8 recommendation issued by then Chief Justice of India Sanjiv Khanna, which called for the initiation of impeachment proceedings in Parliament.

In his plea, Justice Varma alleged that the panel “reversed the burden of proof”, effectively placing the responsibility on him to disprove the accusations instead of requiring evidence from the prosecution.

He also claimed that the findings were biased, shaped by a “preconceived narrative” and that the entire process was expedited at the cost of “procedural fairness”. Furthermore, he contended that he was denied a proper and adequate opportunity to defend himself.

The internal probe report had concluded that Justice Varma and members of his household exercised covert or active control over the store room where the charred currency was found following a fire, indicating serious misconduct. This, the report said, was sufficient grounds to recommend his removal from office.

The investigation, conducted over 10 days by a three-member judicial panel led by Chief Justice Sheel Nagu of the Punjab and Haryana High Court, involved the examination of 55 witnesses and an on-site inspection of the judge’s official residence, where the fire broke out around 11.35 pm on March 14.

Following the panel’s findings, then CJI Khanna formally recommended Justice Varma’s impeachment to President Droupadi Murmu and Prime Minister Narendra Modi.
PTI