Chief Justice of India BR Gavai on Wednesday said that a special bench would be formed to hear the petition filed by Justice Yashwant Varma, who has challenged the findings of an in-house panel that indicted him following the recovery of a large amount of cash from his Delhi residence.
Chief Justice Gavai added that he was involved in prior discussions on the matter with his predecessor, Justice Sanjiv Khanna, and therefore would not preside over the case.
The matter was mentioned before a bench comprising Chief Justice Gavai, Justice K. Vinod Chandran, and Justice Joymalya Bagchi. Senior advocate Kapil Sibal, representing Justice Varma, sought an urgent hearing. In response, CJI Gavai said, “It would not be proper for me to take up that matter. We will take a call and constitute a bench.”
Kapil Sibal appeared for Justice Varma along with senior advocates Mukul Rohatgi, Rakesh Dwivedi, Sidharth Luthra, Siddharth Aggarwal, and advocates George Pothan Poothicote and Manisha Singh.
“We have filed the petition on behalf of the Allahabad High Court judge. Some constitutional issues are involved. I request you to constitute a bench as soon as possible,” Sibal submitted to the court.
Justice Varma Disputes Panel Report, Impeachment Process Underway
Justice Varma was stripped of judicial responsibilities and sent back to the Allahabad High Court in April, following a fire at his official residence in Delhi. During firefighting operations in March, bundles of cash were discovered, prompting an internal probe.
A three-judge committee comprising Chief Justice Sheel Nagu of the Punjab and Haryana High Court, Chief Justice GS Sandhawalia of the Himachal Pradesh High Court, and Justice Anu Sivaraman of the Karnataka High Court conducted the inquiry. The panel examined over 50 witnesses and concluded that the recovered cash was under the “covert or active control” of Justice Varma or his family. The committee said that Varma failed to provide a credible explanation and claimed he was being framed.
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Challenging the report, Justice Varma has approached the Supreme Court alleging procedural violations and denial of natural justice. His petition claims that he was not granted access to evidence or allowed to cross-examine witnesses, and that crucial video footage was ignored.
Earlier this week, impeachment proceedings were formally initiated. On Monday, 152 Members of Parliament submitted a signed memorandum to Lok Sabha Speaker Om Birla seeking Justice Varma’s removal under Articles 124, 217, and 218 of the Constitution. The motion received backing from across party lines, including MPs from the BJP, Congress, TDP, JDU, CPM, and others. Signatories include Anurag Thakur, Ravi Shankar Prasad, Rahul Gandhi, Rajiv Pratap Rudy, Supriya Sule, KC Venugopal, and PP Chaudhary.
In the Rajya Sabha, Vice President Jagdeep Dhankhar confirmed receipt of a similar motion signed by over 50 MPs. He acknowledged the parallel proceedings in the Lower House and directed the secretary-general to initiate the next steps.
According to sources, both Houses will soon constitute a three-member inquiry committee to examine the allegations. As per the Judges Inquiry Act, the committee will include a judge of the Supreme Court, a Chief Justice of a High Court, and a distinguished jurist. Speaker Om Birla is expected to announce the panel’s composition on Tuesday, with a report likely in the next Parliament session.
