A Supreme Court-appointed committee, which has indicted Allahabad High Court judge Yashwant Varma in a cash-discovery row, has said the access to the storeroom where burnt cash was found was under the ”active control” of the judge and his family, sources said.
They said the panel has found some evidence that indicate that the burnt cash was removed from the storeroom on May 15 after a fire incident came to light.Earlier this month, the then Chief Justice of India Sanjiv Khanna wrote to President Droupadi Murmu and Prime Minister Narendra Modi, besides sharing with them the committee report, along with the response received from Justice Varma.
The sources said the panel, which considered evidence including electronic evidence, has opined in its report that the allegations are serious enough to commence proceedings for Justice Varma’s removal.The panel has analysed the evidence and recorded the statements of more than 50 people, including Delhi Police Commissioner Sanjay Arora and the Delhi Fire Services chief, who were among the first responders to the fire incident at Justice Varma’s official Lutyen’s Delhi residence at 11:35 pm on March 14.Justice Varma was a judge of the Delhi High Court then.
The allegation was repeatedly denied by Justice Varma in his responses to the Delhi High Court chief justice and the Supreme Court-appointed panel.The apex court administration recently rejected a plea seeking the committee report under the Right to Information Act.The RTI application had also sought a disclosure of the communication between the then CJI and the president and the prime minister over the matter.
The in-house procedure entails that the CJI writes to the president and the prime minister for impeachment after the advice to the judge to resign is not complied with.”Chief Justice of India, in terms of the in-house procedure, has written to the President of India and the Prime Minister of India, enclosing therewith copy of the three-member committee report dated May 3 along with the letter/response dated May 6 received from Justice Yashwant Varma,” the apex court said in a statement on May 8.The committee had confirmed the cash-discovery allegations against Justice Varma in its inquiry report, the sources had previously said.
The three-member panel comprised Punjab and Haryana High Court Chief Justice Sheel Nagu, Himachal Pradesh High Court Chief Justice G S Sandhawalia and Justice Anu Sivaraman of the Karnataka High Court. The report was finalised on May 3.The sources had also said former CJI Khanna had nudged Justice Varma to step down in view of the critical findings in the report, which was forwarded to the judge for his response, in line with the principle of natural justice.
The controversy was raised following a news report in the cash-discovery row and had led to several steps, including a preliminary inquiry by Delhi High Court Chief Justice D K Upadhyaya, judicial work being taken away from Justice Varma in the Delhi High Court and later, his transfer to the Allahabad High Court sans judicial work.On March 24, the apex court collegium recommended the repatriation of Justice Varma to his parent, Allahabad High Court.On March 28, the top court asked the chief justice of the Allahabad High Court not to assign any judicial work to Justice Varma for now.
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