'Cash at home' row: CJI sets up 3-judge panel to probe into allegations against Justice Yashwant Varma

NEW DELHI: Acting swiftly on Delhi high court chief justice D K Upadhyay's adverse report against

Justice Yashwant Varma

on the alleged discovery of a huge pile of cash at his residence,

CJI Sanjiv Khanna

Saturday appointed a

three-judge panel

, comprising two HC chief justices and one HC judge, to inquire into the charges.
In another important decision, CJI Khanna has asked the Delhi HC chief justice "not to assign any judicial work to Justice Varma for the time being", which would mean he is barred from doing any judicial work till the inquiry panel submits its report to the CJI.
This also means that the March 20 decision of the CJI-led five-judge collegium to repatriate Justice Varma to his parent Allahabad HC would be kept in abeyance till the panel concludes inquiry and submits its report.
No time limit fixed by CJI for panel to complete inquiry

The Allahabad HC Bar Association had questioned the decision of the collegium, led by CJI Khanna, and comprising Justices B R Gavai, Surya Kant, A S Oka and Vikram Nath, asking if Allahabad HC was a "trash bin". The panel comprising Punjab and Haryana HC CJ Sheel Nagi, Himachal Pradesh HC CJ GS Sandhawalia, and Karnataka HC's Anu Sivaraman will "inquire into the allegations against Justice Varma, a sitting judge of the Delhi HC," the SC said in a late evening press release. No time limit has been fixed by the CJI for the panel to complete inquiry proceedings.

On March 14, the day of Holi celebrations, a fire had allegedly broken out in the small hours of the night at Justice Varma's official residence at Tughlaq Road in the heart of Lutyens Delhi. The police and fire brigade rushed to the spot to douse the fire and allegedly stumbled upon a huge pile of cash in one of the outhouses of the bungalow. This was reported to the higher-ups who, in turn, informed the CJI on March 15. On the same day, the CJI had asked the Delhi HC CJ to submit a report on the incident along with Justice Varma's explanation about the alleged reovery of cash. The SC had said on Friday, "On receiving the information, theDelhi HC CJ commenced the in-house inquiry procedure collecting evidence and information prior to the collegium meeting on March 20."
On March 20, the five-judge collegium met and decided to transfer Justice Varma to Allahabad HC, his parent HC from where he was brought to Delhi HC in 2021. The collegium had sought the opinions of consultee judges - Justices Manoj Misra (from Allahabad HC) and Justice Manmohan (who was CJ of Delhi HC prior to his recent appointment as SC judge).
Justice Varma had risen to number two in seniority in Delhi HC and would have ended ninth in the seniority list in Allahabad HC had he been shifted there. If the inquiry panel submits an adverse report, Justice Varma would have no option but to resign as his refusal would force the hands of CJI Khanna to recommend the Union govt to initiate the removal process in Parliament, which is similar to the process applicable for removal of SC judges. Article 124(4) of the Constitution provides: "A judge of SC shall not be removed from his office except by an order of President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-third of the members of the House present and voting has been presented to President in the same session for such removal on the ground of proved misbehaviour or incapacity."