The Supreme Court on Wednesday posed pointed questions to Justice Yashwant Varma, a sitting judge of the Allahabad High Court, who has challenged the findings of an in-house inquiry panel that found him guilty of misconduct in the case involving unaccounted cash discovered at his residence.
A bench of Justices Dipankar Datta and A.G. Masih expressed strong reservations about Justice Varma’s conduct, asking why he participated in the in-house inquiry proceedings if he believed them to be unconstitutional. “Your conduct does not inspire confidence. Why did you appear before the committee?” the bench asked.
The Court also questioned the timing of the plea filed by Justice Varma. “Why did you not come to this Court earlier against the in-house committee’s report?” the bench observed during the ongoing hearing.
Senior Advocate Kapil Sibal, representing Justice Varma, argued that the recommendation of the inquiry committee — which suggested initiating removal proceedings — was not only unconstitutional but also posed serious implications for judicial independence. “This recommendation sets a dangerous precedent,” Sibal submitted, maintaining that such action without full constitutional safeguards compromises the integrity of the judicial process.
The bench clarified that if the Chief Justice of India has credible material suggesting misconduct by a judge, he is empowered to inform the President and the Prime Minister under the established constitutional framework. However, the Court stopped short of commenting on the merits of the inquiry panel’s report at this stage.
The matter pertains to a controversial episode in which a large sum of unaccounted cash was allegedly discovered at Justice Varma’s residence, prompting the formation of an internal committee to look into allegations of judicial misconduct. The report of this in-house panel reportedly concluded that the judge’s explanation was unsatisfactory and recommended further action.
The hearing remains underway, with further arguments expected from both sides.
