Justice Yashwant Varma, currently at the centre of a major controversy involving sacks of cash discovered at his residence, has approached the Supreme Court seeking to quash the in-house inquiry report that led to recommendations for his removal from office.
Notably, in an attempt to conceal his identity, Varma filed the petition using the alias ‘XXX’, a practice generally reserved by courts to protect the identity of survivors of sexual assault, juveniles, or litigants in sensitive family disputes.
The plea—titled XXX vs Union of India—challenges the findings of the internal inquiry that held him guilty and disputes the May 8 recommendation made by then Chief Justice of India Sanjiv Khanna to the President and Prime Minister, advising his removal. Varma contends that the recommendation is unconstitutional.
The petition, listed as the 699th civil writ of the year in the Supreme Court, was filed on July 17 and formally registered on July 24 after procedural corrections. The case is scheduled to be heard on Monday by a bench comprising Justices Dipankar Datta and Augustine George Masih.
Interestingly, another related petition—filed by advocate Mathews J Nedumpara—seeks the registration of a First Information Report (FIR) against Justice Varma to investigate the origin, burning, and subsequent disappearance of the large sum of cash allegedly found in his home. This second matter is listed at serial number 59 and is also slated to be heard by the same bench on Monday.
Political and Parliamentary Developments
The legal developments have also triggered political ripples. The Lok Sabha has admitted a motion seeking Justice Varma’s removal, backed by over 150 Members of Parliament. The Speaker is now expected to write to the Chief Justice of India, D.Y. Chandrachud, requesting names of a sitting Supreme Court judge and a Chief Justice of a High Court to constitute a three-member inquiry panel under the Judges Inquiry Act, 1968. A senior jurist will be nominated to complete the panel.
Meanwhile, the Rajya Sabha has also witnessed activity on this front. A similar motion was submitted exclusively by opposition members, though the government has not acknowledged it as admitted. The Congress has strongly criticised the government’s stance, alleging procedural violations and a lack of transparency in handling the Rajya Sabha notice.
Congress spokesperson Abhishek Singhvi accused the government of trying to suppress the narrative by not acting on the Upper House notice. He also claimed that BJP MPs had signed a blank paper in the defence minister’s office on Monday, suggesting that this could be a backdoor move to file an impeachment motion against Vice President Jagdeep Dhankhar, the former RS Chairman, whose role in the delay of the Varma matter had reportedly irked the ruling party.
Varma’s Legal Strategy
Justice Varma was recently repatriated to the Allahabad High Court from the Delhi High Court following the cash seizure incident. His decision to file the Supreme Court petition under anonymity, using ‘XXX’, has drawn attention due to its rare nature in a judge’s case. This legal strategy highlights concerns over potential reputational harm and the sensitivity of the matter.
In his plea, Varma has urged the apex court to invalidate the internal probe report and the advice given to the executive by the former CJI, stating that it was based on flawed legal reasoning and violated constitutional principles.
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