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Cash-at-home case: SC panel proposes impeachment of Justice Yashwant Varma - What probe report said
Cash-at-home case: SC panel proposes impeachment of Justice Yashwant Varma - What probe report said

Time of India

time10 hours ago

  • Politics
  • Time of India

Cash-at-home case: SC panel proposes impeachment of Justice Yashwant Varma - What probe report said

Yashwant Varma (File photo) High court judge Yashwant Varma and his family members had 'covert or active control' over the store room where a large stack of half-burnt cash was discovered, a finding that amounts to serious misconduct and justifies his removal from office, reported news agency PTI citing the inquiry panel's report into the incident. The three-judge inquiry committee, headed by Punjab and Haryana high court Chief Justice Sheel Nagu, conducted the probe over ten days. The panel examined 55 witnesses and visited the site of the accidental fire, which broke out around 11.35 pm on March 14 at the official residence of Justice Varma, then serving in the Delhi high court and now a judge of the Allahabad high court. Based on the panel's findings, former Chief Justice of India (CJI) Sanjiv Khanna wrote to President Droupadi Murmu and Prime Minister Narendra Modi, recommending Justice Varma's impeachment. 'This committee thus holds that the cash/money was found in the store room of 30 Tughlak Crescent, New Delhi officially occupied by Justice Varma. More so, the access to the store room has been found to be within the covert or active control of Justice Varma and his family members and that by way of strong inferential evidence, it is established that the burnt cash/money was got removed from the store room during the wee hours of 15.3.2025 from 30 Tughlak Crescent, New Delhi,' the panel noted in its detailed 64-page report. The report further stated, '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 dated March 22, and the misconduct found proved is serious enough to call for initiation of proceedings for removal of Justice Varma...' The committee meticulously examined the testimonies of all 55 witnesses, including Justice Varma himself, following the procedure outlined by the in-house inquiry mechanism. Citing the "Restatement of Values of Judicial Life" adopted by the Supreme Court in its full court meeting in 1997, the panel concluded, 'It is obvious that all the virtues expected from a Judge are founded upon the concept of probity.' It observed that the standard of probity for judges is significantly higher than that expected of holders of civil posts. This expectation, the panel said, becomes 'predominant, relevant and indispensable' when concerning judges in the higher judiciary. 'The expectation of the general public from a member of the superior judiciary is extremely high. Probity is the most important and indispensable attribute of a person holding judicial office and is rather the basic eligibility criteria. Least that is expected of any judicial officer of district or higher judiciary is unimpeachable character and conduct in and outside the courtroom,' the report underlined. The panel pointed out that the legitimacy of the judicial office rests on public trust, and the degree of this trust is directly tied to the behaviour and conduct of the judge, both within and beyond the courtroom. 'Any deficiency in this regard erodes public trust, which ought to be viewed stringently,' the panel said as it recommended the initiation of impeachment proceedings against Justice Varma. Besides Chief Justice Nagu, the inquiry committee included Chief Justice GS Sandhawalia of the Himachal Pradesh high court and Justice Anu Sivaraman of the Karnataka high court. The panel, which was set up by former CJI Khanna on March 22, had investigated the fire that erupted late at night on March 14 at Justice Varma's official residence at 30 Tughlak Crescent in New Delhi. What initially appeared to be a routine fire incident escalated into grave allegations of judicial misconduct and breach of public trust. Several eyewitnesses, including police officers and firefighters, informed the panel that they saw charred bundles of Rs 500 notes scattered on the premises. One eyewitness recounted being 'shocked' at the sight, stating, 'There was a large pile of cash… I saw it for the first time in my life.' The inquiry was structured around three key issues, all of which were examined in depth. The first question posed by the panel was, 'How does Justice Varma account for the presence of money/cash in the room (store room) located in his premises 30 Tughlak Crescent...?' Justice Varma was asked to clarify the origin of the money discovered at the scene. Another critical issue was, 'Who is the person who had removed the burnt money/cash from the store room in the morning of March, 15.' The panel expressed reservations about the testimony provided by Justice Varma's daughter, who was present at the residence on the night of the incident. 'From the demeanor of the witness, we noticed that she is a confident young woman, having been subjected to hostel life throughout her education apart from being an independent working woman. This belies her statement that she was totally overwhelmed and panicked by the incidents of the fateful night...,' the panel remarked. The committee also extensively analysed and rejected Justice Varma's defence, in which he claimed that the entrance to the store room was under constant CCTV surveillance and managed by security personnel, making it highly unlikely for cash to have been stored there.

‘Misconduct found serious enough': 3-judge panel's findings about Justice Yashwant Varma's cash recovery case
‘Misconduct found serious enough': 3-judge panel's findings about Justice Yashwant Varma's cash recovery case

Mint

time11 hours ago

  • Politics
  • Mint

‘Misconduct found serious enough': 3-judge panel's findings about Justice Yashwant Varma's cash recovery case

The misconduct found proved serious enough to call for the initiation of proceedings for the removal of High Court Justice Yashwant Varma, the three-judge panel formed to probe allegations has recommended. The panel also found the allegation of cash recovery from Justice Varma's official residence to be true and concluded that the burnt cash was removed from the residence's storeroom. The three-member committee, set up by the Supreme Court, had confirmed the presence of cash found at High Court judge Justice Yashwant Varma's residence in New Delhi after a fire broke out there around Holi on March 14. On May 8, the then Chief Justice of India(CJI) Sanjiv Khanna forwarded the findings of a three-judge in-house committee set up to investigate allegations of corruption against Justice Yashwant Varma to both the President and the Prime Minister of India. The 64-page report, first published by legal news website Bar and Bench, concludes saying that cash was recovered from the store room of Justice Varma's official residence in the national capital. 'Cash/money was found in the store room of 30 Tughlak Crescent, New Delhi officially occupied by Justice (Yashwant) Varma' and that the'access to the store room has been found to be within the covert or active control of Justice Varma and his family members and that by way of strong inferential evidence, it is established that the burnt cash/money was got removed from the store room during the wee hours of 15.03.2025 from 30 Tughlak Crescent, New Delhi'. The panel recommended that the misconduct found proved serious enough to warrant the initiation of proceedings to remove Justice Varma. '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 Hon'ble the Chief Justice of India dated 22.03.2025 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. As many as 10 witnesses examined by the panel acknowledged having seen burnt or half-burnt currency notes, the report said 'As I entered, I noticed that on the right hand side and in front, there was large pile of cash only of Rs. 500/- denomination lying on the floor. I am not sure whether any such notes of Rs. 500/- denomination were there on the ledge or not. I was shocked and surprised such large amount of cash which was strewn on the floor, which I saw for the first time in my life,' said a witness quoted in the report. The President has referred the former CJI's recommendation to the Chairman of the Rajya Sabha and the Lok Sabha Speaker, according to media reports. At least 50 members need to back the impeachment motion against a judge of the constitutional court to be considered in the Rajya Sabha. In the Lok Sabha, it has to be backed by at least 100 members. If Justice Varma is removed, he will be the first judge of a constitutional court to be sacked. The process of impeachment is likely to be initiated by the offices of the Lok Sabha Speaker and the Rajya Sabha Chairman in the upcoming session of the Parliament. The Monsoon session of Parliament to be held from July 21 to August 12. Here is what else the report by the three-judge panel has said: -The burden to prove this assertion was upon this Committee. This burden has been discharged by this Committee by recording the aforesaid findings based on statements of eyewitnesses corroborated by electronic evidence of still photographs and videos, which have been proved to have been shot by the said eyewitnesses at the coordinates which coincide with the location of the store room. More so, the discussion supra reveals a number of corroborative pieces of evidence to establish that the burnt currency notes were seen and found in the store room by the firemen as well as police personnel. -It is only when this Committee found the factum of burnt currency having been seen and found in the store room to be established, the burden shifted upon Justice Varma to raise his defence by disproving the aforesaid factum. As explained above, Justice Varma has failed to discharge this burden, compelling this Committee to hold that the burnt cash was found in the store room in the night intervening 14/15.03.20." -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/material that the money/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. The misconduct found proved serious enough to warrant the initiation of proceedings to remove Justice Varma. -In the absence of any plausible explanation coming from Justice Varma or his family members or for that matter any other witness, this Committee is left with no option, but to hold that the trust reposed in him was belied by him by allowing highly suspicious material in the shape of piles of currency notes to be stashed in the store room. Whether this stashing was done with tacit or explicit consent of Justice Varma or his family members is of little significance in the face of larger concept of breach of public trust and property expected of the high constitutional office held by Justice Varma,' the panel held.

Cash row: SC probe panel report says misconduct proved, proposes Justice Yashwant Varma's removal
Cash row: SC probe panel report says misconduct proved, proposes Justice Yashwant Varma's removal

Time of India

time12 hours ago

  • Politics
  • Time of India

Cash row: SC probe panel report says misconduct proved, proposes Justice Yashwant Varma's removal

High court judge Yashwant Varma, and his family members had "covert or active control" over the store room where a huge cache of half-burnt cash was found, proving his misconduct which is serious enough to seek his removal, a report of the inquiry panel probing the incident said. The three-judge panel headed by Chief Justice Sheel Nagu of the Punjab and Haryana High Court conducted the inquiry for 10 days, examined 55 witnesses and visited the scene of the accidental fire that started at around 11.35 pm on March 14 at the official residence Justice Varma, then a sitting judge of the Delhi High Court and now in the Allahabad High Court. Acting on the report, former Chief Justice of India Sanjiv Khanna wrote to President Droupadi Murmu and Prime Minister Narendra Modi recommending the judge's impeachment. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Social Security Recipients Under $2,384/Mo Now Entitled To 12 "Kickbacks" This Month (Tap for List) SuperSavings Learn More Undo "This committee thus holds that the cash/money was found in the store room of 30 Tughlak Crescent, New Delhi officially occupied by Justice Varma. More so, the access to the store room has been found to be within the covert or active control of Justice Varma and his family members and that by way of strong inferential evidence, it is established that the burnt cash/money was got removed from the store room during the wee hours of 15.3.2025 from 30 Tughlak Crescent, New Delhi," the panel said in its 64-page report. The report continued, "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 dated March 22, and the misconduct found proved is serious enough to call for initiation of proceedings for removal of Justice Varma..." Live Events The panel threadbare analysed the statements of 55 witnesses including the statement of Justice Varma and rendered its findings under the inquiry procedure laid down by the in-house committee. Referring to "Restatement of values of Judicial Life" adopted by the Supreme Court in its full court meeting in 1997, the panel said, "It is obvious that all the virtues expected from a Judge are founded upon the concept of probity." Probity of a judge is measured by yardstick which is much more stringent than the probity expected of a civil post holder, it said, adding that the element of probity becomes "predominant, relevant and indispensable" when the offices of higher judiciary are in question. "The expectation of the general public from a member of the superior judiciary is extremely high. Probity is the most important and indispensable attribute of a person holding judicial office and is rather the basic eligibility criteria. Least that is expected of any judicial officer of district or higher judiciary is unimpeachable character and conduct in and outside the courtroom," it added. The very existence of judicial office is founded upon the trust of the citizens at large and the quality and quantity of this trust is directly relatable to the behaviour, conduct and performance demonstrated by the judge, not only inside but also outside the courtroom, it said. "Any deficiency in this regard erodes public trust which ought to be viewed stringently," it said while recommending impeachment motion against Justice Varma. Besides Justice Nagu, Chief Justice G S Sandhawalia of Himachal Pradesh High Court, and Justice Anu Sivaraman of Karnataka High Court, comprised the inquiry panel. The panel, constituted by former CJI Khanna on March 22, investigated a late-night blaze that broke out at around 11:35 pm on March 14 at the judge's official bungalow at 30 Tughlak Crescent in the capital. What began as a routine fire incident has now culminated in serious charges of judicial misconduct and breach of public trust. Several eyewitnesses, including firefighters and police personnel, told the panel they saw charred stacks of Rs 500 notes scattered across the floor. One witness described being "shocked" by the sight and said "There was a large pile of cash... I saw it for the first time in my life." The panel framed three substantive issues and dealt with them extensively. "How does Justice Varma account for the presence of money/cash in the room (store room) located in his premises 30 Tughlak Crescent...?" the first issue read. It asked Justice Varma to explain the source of money which was found in the store room. "Who is the person who had removed the burnt money/cash from the store room in the morning of March, 15," the third issue read. The panel was critical of the testimony of the daughter of Justice Varma, who was home at the time of incident, in its report. "From the demeanor of the witness, we noticed that she is a confident young woman, having been subjected to hostel life throughout her education apart from being an independent working woman. This belies her statement that she was totally overwhelmed and panicked by the incidents of the fateful night...," it said. The panel dealt in detail and rejected the stand of Justice Varma who said the entrance of the store room was constantly monitored by CCTV cameras and was under control of security personnel and it was highly improbable that the cash was kept in the store room. PTI

‘Misconduct found serious enough': 3-judge panel's findings about Justice Yashwant Varma in cash from home case
‘Misconduct found serious enough': 3-judge panel's findings about Justice Yashwant Varma in cash from home case

Mint

time13 hours ago

  • Politics
  • Mint

‘Misconduct found serious enough': 3-judge panel's findings about Justice Yashwant Varma in cash from home case

The misconduct found proved serious enough to call for the initiation of proceedings for the removal of High Court Justice Yashwant Varma, the three-judge panel formed to probe allegations has recommended. The panel also found the allegation of cash recovery from Justice Varma's official residence to be true and concluded that the burnt cash was removed from the residence's storeroom. The three-member committee, set up by the Supreme Court, had confirmed the presence of cash found at High Court judge Justice Yashwant Varma's residence in New Delhi after a fire broke out there around Holi on March 14. On May 8, the then Chief Justice of India (CJI) Sanjiv Khanna forwarded the findings of a three-judge in-house committee set up to investigate allegations of corruption against Justice Yashwant Varma to both the President and the Prime Minister of India. The 64-page report, first published by legal news website Bar and Bench, concludes saying that cash was recovered from the store room of Justice Varma's official residence in the national capital. 'Cash/money was found in the store room of 30 Tughlak Crescent, New Delhi officially occupied by Justice (Yashwant) Varma' and that the 'access to the store room has been found to be within the covert or active control of Justice Varma and his family members and that by way of strong inferential evidence, it is established that the burnt cash/money was got removed from the store room during the wee hours of 15.03.2025 from 30 Tughlak Crescent, New Delhi'. The panel recommended that the misconduct found proved serious enough to warrant the initiation of proceedings to remove Justice Varma. '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 Hon'ble the Chief Justice of India dated 22.03.2025 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. As many as 10 witnesses examined by the panel acknowledged having seen burnt or half-burnt currency notes, the report said 'As I entered, I noticed that on the right hand side and in front, there was large pile of cash only of Rs. 500/- denomination lying on the floor. I am not sure whether any such notes of Rs. 500/- denomination were there on the ledge or not. I was shocked and surprised such large amount of cash which was strewn on the floor, which I saw for the first time in my life,' said a witness quoted in the report. The President has referred the former CJI's recommendation to the Chairman of the Rajya Sabha and the Lok Sabha Speaker, according to media reports. At least 50 members need to back the impeachment motion against a judge of the constitutional court to be considered in the Rajya Sabha. In the Lok Sabha, it has to be backed by at least 100 members. If Justice Varma is removed, he will be the first judge of a constitutional court to be sacked. The process of impeachment is likely to be initiated by the offices of the Lok Sabha Speaker and the Rajya Sabha Chairman in the upcoming session of the Parliament. The Monsoon session of Parliament TO be held from July 21 to August 12. Here is what else the report by the three-judge panel has said: -The burden to prove this assertion was upon this Committee. This burden has been discharged by this Committee by recording the aforesaid findings based on statements of eye witnesses corroborated by electronic evidence of still photographs and videos which have been proved to be shot by the said eye witnesses at the coordinates which coincide with the location of the store room. More so the discussion supra reveals a number of corroborative pieces of evidence to establish that the burnt currency notes were seen and found in the store room by the firemen as well as police personnel. -It is only when this Committee found the factum of burnt currency having been seen and found in the store room to be established, the burden shifted upon Justice Varma to raise his defence by disproving the aforesaid factum. As explained above, Justice Varma has failed to discharge this burden compelling this Committee to hold that the burnt cash was found in the store room in the night intervening 14/15.03.20." -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/material that the money/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. The misconduct found proved serious enough to warrant the initiation of proceedings to remove Justice Varma. -In the absence of any plausible explanation coming from Justice Varma or his family members or for that matter any other witness, this Committee is left with no option, but to hold that the trust reposed in him was belied by him by allowing highly suspicious material in the shape of piles of currency notes to be stashed in the store room. Whether this stashing was done with tacit or explicit consent of Justice Varma or his family members is of little significance in the face of larger concept of breach of public trust and property expected of the high constitutional office held by Justice Varma,' the panel held. -The unnatural conduct of Justice Yashwant Varma has already been noticed above and the fact that if there was any conspiracy theory why he chose not to file any complaint with the police officials or bring it to the notice of the Chief Justice of the High Court or the Hon'ble the Chief Justice of India regarding the fact that there were planted stories regarding the burning of currency notes in the store room which is part of his house?'

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