Chandigarh (Punjab) [India], June 6 : Vice President Jagdeep Dhankhar on Friday expressed concern over the recent cash controversy involving former Delhi High Court judge Justice Yashwant Varma.
A substantial amount of unaccounted cash was discovered at Justice Varma's residence after a fire broke out in mid-March. The incident has sparked widespread debate and scrutiny.
He questioned the absence of an investigation into the issue and why no FIR was registered for the same.
The Vice President said, "A painful incident happened in mid-March in Delhi at the residence of a sitting judge. There was a cash haul, obviously tainted, unaccounted, illegal. And unexplained!... It appeared in the public domain after 6-7 days...."
Interacting with members of the Punjab and Haryana High Court Bar Association in Chandigarh today, the Vice-President further added, "I have raised the issue. Ultimately, is that the answer if a motion is brought to remove a judge? If there has been a crime, a culpable act shaking the foundations of democracy -- the rule of law, why wasn't it punished? We have lost more than three months, and the investigation has not been initiated. Whenever you go to court, they ask why the FIR was delayed."
Earlier on March 22, the Chief Justice of India constituted a three-member committee, comprising Justice Sheel Nagu, Chief Justice of the High Court of Punjab and Haryana, Justice GS Sandhawalia, Chief Justice of the High Court of Himachal Pradesh, and Justice Anu Sivaraman, Judge of the High Court of Karnataka, to examine the allegations against Justice Yashwant Varma, a sitting judge of the High Court of Delhi.
The committee concluded its investigation and presented its findings in a report dated May 3.
Referring to the same, Dhankar questioned if the committee has "a constitutional sanction."
"Does the committee of judges have a constitutional sanction? Does it have statutory sanction? Can this report result in any outcome? Can this report, by itself, be actionable? If a judge removal mechanism is there, the Constitution says this removal mechanism can be initiated either in the Lok Sabha or the Rajya Sabha. This is the only way. Then this committee cannot substitute for an FIR investigation...," Dhankar said.
He stressed that "even the President and Governors" are immune to prosecution "till they are in office", and that no other body is provided with this immunity.
The Vice President further hoped that an FIR would be filed soon. "I find it very soothing and must congratulate you that the bar associations in the country are active on it. I hope an FIR is filed," Dhankar stated.
On April 5, Justice Yashwant Varma was sworn in as a judge of the Allahabad High Court under unusual and contentious circumstances. Departing from the customary public ceremony, his oath-taking was conducted privately, a decision that has garnered significant scrutiny.
This development coincides with an ongoing investigation into allegations concerning the recovery of partially burnt sacks of cash at his residence weeks prior. Despite his formal induction, Justice Varma has not been assigned any judicial or administrative responsibilities, according to court insiders.
His transfer from the Delhi High Court to the Allahabad High Court has been met with scepticism, particularly following the filing of a Public Interest Litigation (PIL) before the Lucknow bench of the Allahabad High Court. The PIL urged the Chief Justice to defer the swearing-in until the inquiry reached its conclusion.
The controversy has elicited strong reactions from the legal community. The Allahabad High Court Bar Association has openly criticised the Collegium's decision, expressing its disapproval through a strongly worded letter addressed to the Chief Justice and other judges. The association condemned the appointment, declaring, "We are not a dumping ground," and called for enhanced transparency and accountability in judicial appointments.
As the inquiry progresses, Justice Varma's future role within the Allahabad High Court remains uncertain. Legal experts and observers continue to monitor developments closely, as the situation has raised broader concerns regarding judicial integrity and the processes governing appointments within India's judiciary.
According to the official website of the Allahabad High Court, Justice Varma obtained his Law degree from Rewa University in 1992 and was enrolled as an Advocate on August 8 of the same year. Throughout his career, he primarily practised civil law, handling cases related to Constitutional Law, Industrial Disputes, Corporate Matters, Taxation, Environmental Issues, and related fields. He served as special counsel for the Allahabad High Court from 2006 until his elevation in 2012.