Cash at home row: Supreme Court shunts Judge Yashwant Varma to Allahabad HC, Bar calls for FIR, move to impeach

Justice Varma will be ninth in seniority at Allahabad HC but it is likely that he will not sit in court. CJI Sanjiv Khanna on March 22 had instructed the Delhi HC Chief Justice “not to assign any judicial work” to Justice Varma. On Monday, the Delhi HC Registrar of listing division had notified that judicial work from Justice Varma stands “withdrawn with immediate effect”.

The Allahabad High Court Bar Association, in its general house meeting Monday, passed a resolution, opposing Justice Varma’s transfer while also seeking a review of his judgments during his tenure as a judge at Allahabad HC as well as Delhi HC “to inspire confidence of people at large to regain public faith in judicial system”.

A PTI report said the bar association announced an indefinite strike from Tuesday. “Lawyers of the High Court Bar Association, Allahabad, will go on an indefinite strike from Tuesday… (over) Justice Yashwant Varma’s (proposed) transfer to the Allahabad High Court,” bar association president Anil Tiwari told PTI. “We are also sending a request to bar associations in Lucknow in this regard,” he said.

After passing a resolution to this effect during the lunch hours of the court, the lawyers abstained from judicial work for the remaining day, the PTI report said.

The bar association also resolved that the “CJI should immediately permit the filing of FIR and investigation by the CBI, ED and other investigative agencies” and that the CJI “should immediately recommend to the government to draw impeachment proceedings against Justice Yashwant Varma”.

It is learnt that the Collegium is keen on transferring Justice Varma since his status here in Delhi as a third most senior judge and member of the HC Collegium could stall the functioning of the High Court.

“The top three judges are involved in various functions of the HC. While judicial work is withdrawn, there is a question over administrative work of a judge. He officially remains a HC judge and that could create a host of issues,” a highly placed source told The Indian Express.

Recruitment interviews, the last leg of the Delhi State Judicial Service Examination 2023, an entrance exam for district magistrates, is also expected to be announced soon. These interviews are conducted by a panel of top five judges of the High Court, which would include Justice Varma. A shortlist of candidates was announced on March 4.

In the Delhi HC, on the administrative side, Justice Varma is part of at least 11 committees. These committees include the Administrative and General Supervision Committee; Committee for Finance and Budgeting and for Sanction of Contingent Expenditure and Writing off Losses Exceeding Rs 5 lakh.

However, while the Chief Justice of the High Court has the power to reconstitute these committees, the functioning of the Collegium is uncertain. It is learnt that there are no precedents for handling a situation where judicial work has been withdrawn from a Collegium judge in the HC.

Justice Prathiba M Singh, the fourth most senior judge, will join the Collegium if Justice Varma is transferred.