Cash discovery row: Delhi HC initiating in-house probe, says SC

Supreme Court collegium ealier on Friday commenced an initial inquiry against Delhi High Court judge Justice Yashwant Varma

Following reports of alleged cash discovery from sitting Delhi High Court judge Yashwant Varma's official home, the Supreme Court on Friday said the Delhi High Court chief justice had initiated an in-house inquiry against him and the proposal to transfer him to the Allahabad High Court was separate.

The purported discovery of a huge stash of cash happened following a fire at Varma's Lutyens Delhi residence at around 11.35 pm on March 14, prompting the Delhi fire department personnel to rush to the spot and douse it.

Delhi Fire Services Chief Atul Garg, however, denied claims of the cash discovery by the fire fighters. The incident created ripples in the legal circuit, with many voices calling for the judge's resignation while criticising the Supreme Court collegium decision to transfer him.

To put to rest the supposed conjectures, the top court issued a statement which read, "There is misinformation and rumours being spread with regard to the incident at the residence of Justice Yashwant Varma."

While confirming reports that the apex court collegium met to discuss the matter, the top court said Delhi High Court Chief Justice D K Upadhyaya would submit a report to Chief Justice of India Sanjiv Khanna in this matter.

Upon receiving the information, the apex court said, Justice Upadhyaya "commenced the in-house enquiry procedure collecting evidence and information".

The Supreme Court further said the proposal for transfer of Justice Varma, who is the second senior-most judge in the Delhi HC, to the Allahabad HC was "independent and separate from the in-house enquiry procedure".

The apex court said the proposal for transfer him was examined by the apex court collegium comprising the CJI and four senior-most judges on March 20, and thereafter letters were shot off to the consultee judges of the top court, the chief justices of the high courts concerned apart from Justice Varma.

‘Not trash bin'

The Allahabad High Court Bar Association on Friday opposed the transfer of Delhi HC judge Justice Yashwant Varma, saying it was not a "trash bin".

In a resolution passed soon after the news of the judge's transfer by a Supreme Court collegium was reported, the association said, "We were taken aback that the Supreme Court has transferred Justice Yashwant Varma back to Allahabad High Court."

The resolution, naming association president and senior advocate Anil Tiwari as the signatory, claims that the discovery of the "unaccounted money" from the judge's house was of "R15 crore".

"The Supreme Court has taken cognisance of the matter immediately and unanimously decided to repatriate Justice Yashwant Varma to Allahabad High Court," it said. The statement added, "The decision of the collegium raises a serious question as to whether the Allahabad high Court is a trash bin?"

Aside from expressing concerns over Justice Varma's transfer, the statement referred to issues such as the shortage of judges there and the supreme court "time and again" censuring the high court.

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