The Supreme Court on Monday agreed to urgently list for hearing a petition seeking the registration of a First Information Report (FIR) against Allahabad High Court judge Justice Yashwant Varma in relation to a controversial cash discovery episode.
A bench led by Chief Justice of India (CJI) B.R. Gavai and Justice Augustine George Masih took note of a mention made by advocate and petitioner Mathews Nedumpara, who sought early listing of the matter. The CJI responded, “It can be listed tomorrow if defects (in the petition) are cured.”
However, Nedumpara informed the Court that he would be unavailable on Tuesday and requested a listing for Wednesday instead. The bench consented, saying it would take up the matter on Wednesday, provided the procedural defects in the petition were rectified.
The plea, filed by Nedumpara along with three co-petitioners, has called for immediate initiation of criminal proceedings against Justice Varma, stating that the findings of the in-house inquiry committee had established a prima facie case. The petitioners emphasized that while disciplinary measures within the judiciary may follow from an internal inquiry, these do not replace the necessity of a criminal investigation under relevant laws.
Earlier, in March, the same group of petitioners had approached the Supreme Court challenging the in-house inquiry and urging for a formal police probe. At the time, the apex court had declined to entertain the plea, terming it premature due to the ongoing internal inquiry.
Now that the internal proceedings have concluded and the committee reportedly indicted Justice Varma, the petitioners argue that further delay in initiating criminal proceedings is unjustifiable.
According to reports, following the inquiry, the then Chief Justice of India, Sanjiv Khanna, had advised Justice Varma to step down. When the judge declined to resign, Justice Khanna is said to have written to President Droupadi Murmu and Prime Minister Narendra Modi regarding the matter.
The Supreme Court is now expected to take up the petition on Wednesday, subject to the removal of technical defects.
