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In recent weeks, the Indian judiciary has faced intense scrutiny due to allegations of misconduct against Justice Yashwant Varma, a sitting judge of the Delhi High Court. The case involves a substantial amount of unaccounted cash discovered at his residence during a fire incident, raising questions about judicial accountability and transparency. This article delves into the details of the case, examining the legal framework governing such incidents and the broader implications for open justice in India.
Justice Yashwant Varma is a seasoned legal professional who has served in the Indian judiciary since his elevation to the Allahabad High Court in 2013. Prior to his judicial career, he held roles outside the judiciary, including being a non-executive director of Simbhaoli Sugars Ltd., which was involved in a high-profile fraud case. However, his current controversy centers on a fire incident at his Delhi residence, where a large amount of partially burnt cash was allegedly discovered.
On March 14, 2025, a fire broke out at Justice Varma's official residence in New Delhi, leading to the discovery of several half-burnt sacks of cash estimated to be around Rs. 15 crore. This revelation sparked significant public interest and raised concerns about judicial probity. Justice Varma denied any involvement with the cash, stating that the storeroom where it was found was accessible to staff and other personnel, suggesting that the evidence might be part of a conspiracy against him.
In India, allegations against sitting judges are subject to a unique legal framework established by the Supreme Court. The landmark judgment in K. Veeraswami v. Union of India (1991) requires consultation with the Chief Justice of India (CJI) before initiating any criminal proceedings, including the registration of an FIR. This ruling aims to protect judges from frivolous prosecution while ensuring accountability.
Following the incident, Chief Justice Sanjiv Khanna constituted a three-member committee to investigate the allegations against Justice Varma. This committee includes Justice Sheel Nagu, Justice G.S. Sandhawalia, and Justice Anu Sivaraman. In response to public and media pressure, the Supreme Court has ensured transparency by making preliminary reports and images of burnt currency notes public.
The Justice Varma case has reignited debates about judicial governance and transparency in India. The public and political figures have called for greater judicial accountability, including proposals to revive the scrapped National Judicial Appointments Commission (NJAC) Bill and mandatory asset declarations by judges.
The Justice Yashwant Varma case poses significant challenges for maintaining open justice in India. It tests the balance between judicial independence and accountability, highlighting the need for robust mechanisms to address allegations of misconduct. As the in-house inquiry proceeds, it remains crucial for the judiciary to demonstrate transparency while ensuring that the legal framework remains fair and unbiased.
