NEW DELHI: The Supreme Court on Friday issued a clarification regarding Justice Yashwant Varma‘s transfer to the Allahabad high court, stating that “misinformation and rumors are being spread”. It added that the “[transfer] proposal is separate from ongoing in-house enquiry” into allegations that unaccounted cash – allegedly Rs 15 crore – was found at Justice Yashwant Varma’s residence after a fire broke out in the stock room.
“There is misinformation and rumours being spread with regard to the incident at the residence of Mr. Justice Yashwant Varma…The proposal for transfer of Justice Yashwant Varma, who is the second senior most Judge in the Delhi high court and a member of the Collegium, to his parent high court i.e. the high court of Judicature at Allahabad, where he will be ninth in seniority, is independent and separate from the In-house enquiry procedure,” SC said in a statement.
Delhi high court Chief Justice, who began the enquiry before the Collegium meeting on March 20 will present his report to the Chief Justice today, the Supreme Court added. After which, the report will undergo examination for subsequent necessary actions.
The proposal was examined by the Collegium comprising of the CJI and four senior most Judges of the Supreme Court on 20th March, and thereafter letters were written to the consultee Judges of the top court, the Chief Justices of the high courts concerned and Justice Yashwant Varma. Responses received will be examined and, thereupon, the Collegium will pass a resolution, the statement read.
The In-house enquiry procedure, established by the Supreme Court in C. Ravichandran lyer v. Justice AM Bhattacharjee (1995) 5 SCC 457, is accessible on the Supreme Court of India‘s website, it added.
The Supreme Court’s established protocol for investigating constitutional court judges requires the CJI to obtain the judge’s statement before determining whether to launch an investigation.
Justice Varma was out of town when the fire broke out at his residence, leading his family to alert emergency services. Following the fire’s containment, emergency personnel discovered a huge amount of cash within one of the chambers.
However, Delhi fire services chief Atul Garg has told PTI that fire-fighters found no cash during their operation to douse flames at Varma’s residence.
“Soon after dousing the flames, we informed police about the fire incident. Thereafter, a team of fire department personnel left the spot. Our fire fighters did not find any cash during their fire fighting operation,” the DFS chief added.
Also read: Who is Justice Yashwant Varma, the Delhi HC Judge transferred after cash recovery