In a development that could shake the foundations of judicial accountability in India, a petition has been filed before the Supreme Court seeking the registration of a First Information Report (FIR) against Justice Yashwant Varma, a sitting judge of the Delhi High Court. The petition, filed by Advocate Mathews J. Nedumpara and supported by several lawyers and concerned citizens, challenges the existing legal shield that protects sitting judges from immediate criminal investigation without prior approval from the Chief Justice of India (CJI).
The plea stems from explosive allegations that around ₹15 crore in unaccounted cash was discovered at Justice Varma’s official residence in Delhi during a fire emergency on the night of Holi, March 14. According to the petition, firemen responding to a blaze at the judge’s outhouse reportedly stumbled upon heaps of currency notes, leading to a flurry of communications across government departments and eventually to the CJI.
The petitioners argue that the continued reliance on the precedent set in K. Veeraswami v. Union of India (1991) — which mandates prior CJI approval before lodging an FIR against judges — undermines the constitutional principle of “equality before law.” They assert that if similar allegations were made against a bureaucrat or politician, the police would have registered an FIR and initiated an investigation without delay.
“If it were a bureaucrat or politician in place of Justice Varma, an FIR would have been registered in no time. The police would have acted swiftly, and the media would have splashed the news across front pages,” the petition states.
The plea takes particular exception to the internal inquiry ordered by the Supreme Court collegium, contending that such internal mechanisms lack constitutional or statutory authority to investigate criminal conduct. “The collegium is not empowered to conduct such investigations. Its resolution to form a three-member committee to probe the matter is void ab initio,” the petition argues.
Key Prayers in the Petition:
- Declaration that the recovery of cash from Justice Varma’s residence constitutes a cognisable offence under the Bharatiya Nyaya Sanhita, warranting registration of an FIR.
- Striking down the CJI permission clause in the K. Veeraswami judgment as per incuriam (decided in ignorance of relevant law).
- Declaration that the Supreme Court collegium has no jurisdiction to conduct or direct a criminal inquiry.
- Mandamus directing the Delhi Police to register an FIR and initiate a proper investigation.
- Prohibition against any authority from interfering in the registration or investigation of the alleged offence.
The petition also cites previous instances of alleged judicial corruption, including the Justice Nirmal Yadav case, to highlight the need for transparency in the higher judiciary.
Notably, the Supreme Court issued a press release on March 22, sharing details of the preliminary inquiry conducted by the Chief Justice of the Delhi High Court. The statement included videos and photographs of the site but stopped short of confirming any cash recovery.
Justice Yashwant Varma, for his part, has denied all allegations. In his written statement, he claimed that the fire broke out in an outhouse, not his main residence, and no cash was found. He labeled the reports a “conspiracy to malign” him and demanded an inquiry into the origins of what he called a “smear campaign.” He also pointed to the Delhi High Court Registrar’s report, which reportedly did not mention any cash recovery.
