Chief Justice of India (CJI) Sanjiv Khanna on Friday assured all Supreme Court judges that the transfer of Delhi high court judge Yashwant Varma was “just the beginning” and that he was prepared to take “more serious steps” in the matter if required, according to people aware of the developments.
The CJI conveyed this during an informal gathering over tea with Supreme Court judges on Friday morning, where he provided a detailed account of the sequence of events that led to the collegium’s decision a day earlier to repatriate justice Varma to the Allahabad high court. The transfer followed the discovery of large amounts of cash at the judge’s official residence in Delhi.
People in the know of the matter told HT that CJI Khanna remained emphatic that merely transferring justice Varma was not the ultimate solution and that he was committed to taking all necessary steps to uphold judicial integrity and institutional credibility.
“The CJI patiently informed the judges about events leading up to the collegium’s decision on Thursday. He also assured them that the transfer was just the beginning and that he was awaiting a report from Delhi high court chief justice Devendra Kumar Upadhyaya before deciding the next step,” said a person familiar with the discussions.
According to this person, CJI Khanna emphasised that procedural norms required him to wait for the high court chief justice’s report before determining the future course of action. “While all the judges supported the CJI’s decision in the matter, justice Khanna assured them that he would keep the best interests of the institution at the forefront when deciding the next steps,” another person said.
As per the established in-house procedure, the CJI has the prerogative to seek a judge’s response and, if necessary, constitute an inquiry panel to assess the allegations further.
During Friday’s meeting, one judge reportedly stressed that justice Varma should be asked to resign, while another raised concerns over whether the Allahabad high court would accept his return. In response, CJI Khanna is said to have given a solemn assurance that he would take all measures permitted under the law and the Constitution to safeguard the judiciary’s reputation and independence.
The controversy surrounding justice Varma erupted after a fire broke out at his official residence on the night of March 14; in the course of putting out the fire, first responders discovered bundles of cash inside a room. The incident was promptly reported to senior authorities, setting off a chain of events that resulted in swift action from the Supreme Court collegium.
The Supreme Court’s decision to intervene in this matter has already sparked discussions within legal circles about the balance between judicial independence and accountability. Some collegium members had initially urged the CJI to initiate an in-house inquiry alongside the transfer, arguing that allowing justice Varma to continue serving under such circumstances could severely damage the judiciary’s credibility.
Following further deliberations, the CJI has now sought a report from Delhi high court chief justice Upadhyaya to determine the next course of action.
The in-house inquiry, once fully instituted, will involve examining the circumstances surrounding the discovery of cash, justice Varma’s response, and potential next steps as per judicial ethics and disciplinary procedures.
As per the in-house procedure formulated by the Supreme Court in 1999, when allegations of impropriety or corruption surface against a constitutional court judge, the CJI first seeks the judge’s response. If unsatisfied, the CJI can set up an inquiry committee comprising an SC judge and two high court chief justices to examine the matter further. The findings of such a probe could pave the way for parliamentary removal proceedings.