New Delhi [India], July 18 : Justice Yashwant Varma of Allahabad High Court has approached the Supreme Court challenging the in-house three-judge inquiry committee's report and former CJI Sanjiv Khanna's recommendation to initiate impeachment proceedings against him.
Justice Varma stated that he was not given a fair opportunity to respond to the in-house inquiry committee before it presented its findings.
His plea came ahead of the Parliament's monsoon session, which begins July 21.
The cash was allegedly found by fire tenders when a fire broke out in the judge's residence on March 14 at his Delhi residence, when he was the judge of the Delhi High Court. The judge was not present at his house.
In his plea, Justice Varma alleged that the committee proceeded in a pre-determined fashion and even without finding any concrete evidence, merely drew adverse inferences against him after reversing the burden of proof.
He sought a declaration that the recommendation by the CJI on May 8, 2025 to the President and the Prime Minister for initiation of his removal as a High Court Judge is "unconstitutional and ultra vires".
"The Petitioner is not in possession of a copy of the communication dated May 8 but assails the action on various constitutional parameters. The petitioner is seeking the indulgence of this court challenging the process culminating in the communication of the then CJI to the President and to the Prime Minister by way of his communication dated May 8 seeking the initiation of removal proceedings of the petitioner as a Judge of a High Court," the petition stated.
He said that the in-house procedure, adopted via a 1999 Full Court Resolution to handle complaints against judges and preserve judicial independence while maintaining public faith, "unjustifiably extends beyond the intended scope of self-regulation and fact-finding".
"By culminating in recommendations for removal from constitutional office, it creates a parallel, extra-constitutional mechanism that derogates from the mandatory framework under Articles 124 and 218 of the Constitution, which exclusively vest powers for removal of judges of the High Courts in Parliament through an address supported by a special majority, following an inquiry under the Judges (Inquiry) Act, 1968," stated the petition.
It further submitted the in-house, which adopts no such comparable safeguards, usurps parliamentary authority to the extent that it empowers the judiciary to recommend or opine on the removal of Judges from constitutionally held office.
"This violates the doctrine of separation of powers, which is part of the basic structure of the Constitution, as the judiciary cannot assume the role reserved for the legislature in the removal of judges," added the plea.
Justice Varma also sought quashing of the final report dated May 3 of the in-house committee constituted by the CJI, and all actions consequential thereto.
Invocation of the in-house procedure was "improper and invalid" since it was done in the absence of any formal complaint against Justice Varma, said the plea.
The plea said the committee denied him access to evidence, withheld CCTV footage, and offered no chance to rebut allegations. Key witnesses were examined in his absence, violating natural justice, he added.
The committee was constituted on March 22 by then CJI Khanna to probe the incident, comprising of Justices Sheel Nagu (then Chief Justice of Punjab & Haryana High Court), GS Sandhawalia (then Chief Justice of Himachal Pradesh High Court), and Anu Sivaraman (Judge, Karnataka High Court).
The incident occurred on March 14, following a fire at his Lutyens' Delhi home, during which semi-burnt wads of cash were reportedly found.
This discovery led to an in-house inquiry initiated by the Supreme Court, which appointed a three-member committee to investigate the matter.
Justice Varma has strongly denied any involvement, asserting that neither he nor his family members placed the cash in the storeroom.