Cash haul row: Justice Yashwant Varma left with only one option - how can he avoid impeachment?

NEW DELHI: Justice Yashwant Varma of the Allahabad High Court faces the prospect of impeachment in the upcoming Monsoon session of Parliament after being indicted in a high-profile corruption case. According to officials cited by news agency PTI, resignation remains his only option to avoid a Parliamentary motion for removal, which, if passed, would strip him of pension and retirement benefits.Justice Varma came under scrutiny after a fire at his Delhi residence in March led to the discovery of several burnt sacks of unaccounted cash in the outhouse. Though he denied knowledge of the money, a Supreme Court-appointed in-house panel, led by then Chief Justice of India Sanjiv Khanna, found him culpable after recording witness statements and Varma’s own deposition. Based on this report, Justice Khanna urged the President and Prime Minister to initiate his removal, PTI reported.As per Article 217 of the Constitution, a High Court judge may resign by writing to the President. The resignation becomes valid without requiring formal acceptance. If a judge resigns, they retain post-retirement entitlements. However, if removed by Parliament, they lose all such benefits.In Parliament, a motion for removal must be supported by at least 50 Rajya Sabha or 100 Lok Sabha members. Once admitted, the Judges (Inquiry) Act of 1968 mandates a fresh three-member committee, including a Supreme Court judge, a High Court chief justice, and a distinguished jurist, to investigate the charges.

However, Parliamentary Affairs Minister Kiren Rijiju pointed out that the case is “slightly different” because an in-house committee has already concluded its probe. “It cannot be brushed aside,” Rijiju was quoted as saying by PTI, adding that reconciling the existing report with the statutory inquiry process will be a matter for the Speaker or Chairman to decide.Vice-President Jagdeep Dhankhar, while meeting members of the Punjab and Haryana High Court Bar Association, expressed dismay over the lack of a criminal investigation into the matter.

“A very painful incident happened... There was a cash haul, obviously tainted, unaccounted and illegal,” he said.Dhankhar criticised the judiciary’s internal mechanism for shielding its members from FIRs, saying, “Unless permission is accorded by a functionary at the highest level in the judiciary, an FIR can’t be registered.”Justice Varma has since been transferred to the Allahabad High Court, where he has not been allotted any judicial duties. Rijiju has begun consultations with political parties to build consensus on the motion, which could be the first impeachment to be taken up in the new Parliament building.The Monsoon session of Parliament is scheduled from July 21 to August 12.