NEW DELHI: A day after transferring Justice Yashwant Varma of Delhi high court back to his parent Allahabad HC, Chief Justice of India Sanjiv Khanna sought and received a report from Delhi HC Chief Justice D K Upadhyay Friday on alleged recovery of cash from Justice Varma’s official residence on March 14, on Holi.
The CJI is likely to take a decision by Saturday on setting up an inquiry panel. Justice Varma did not hold court in the HC on Friday.
In a rare press note, Supreme Court said, “On receiving the information, Delhi HC CJ commenced in-house enquiry procedure collecting evidence and information… and will be submitting a report to CJI Sanjiv Khanna Friday.” The note was mum on the “information”, but that it warranted an “in-house inquiry procedure” left little to the imagination
What could be future course of action in case
The report will be examined and processed for further and necessary action,” the SC said. Justice Upadhyay, who also hails from Allahabad HC and was CJ of Bombay HC before his appointment in Delhi HC, sought Justice Varma’s explanation and inquired into other documents relating to the fire incident that led to discovery of a pile of cash.
On Justice Varma’s transfer, the collegium resolution, which was yet to be uploaded on the SC website, said, “The proposal for transfer of Justice Varma, who is the second senior-most judge in Delhi HC and a member of the HC collegium, to his parent Allahabad HC, where he will be ninth in seniority, is independent and separate from the in-house enquiry procedure.
“The proposal (for transfer) was examined by the collegium consisting of the CJI and four senior-most judges on March 20, and thereafter letters were written to consultee-judges of the SC, the CJs of the HCs concerned and Justice Varma. Responses received will be examined and, thereupon, the collegium will pass a resolution.”
Speculation ran high in SC corridors about a full court meeting as none of the 17 benches functioned till 10.45 am, 15 minutes beyond the scheduled commencement of business hours. The CJI, who is very punctual in commencing his court at 10.30am every day, began proceedings only at 11.15am as he and the four senior-most judges of the SC were engaged in a meeting till 11.10 am.
According to the in-house procedure devised by the SC in 1999 to deal with complaints of misdemeanour, misconduct and corruption charges against judges, it is the CJI’s prerogative to take a decision commensurate with the gravity of the CJ’s report.
If the report absolves the judge of the allegations, the CJI may decide to junk the issue. However, if the report indicates a degree of truth in the allegations, then the CJI could take the judge concerned into confidence and offer him the resignation escape route.
If the judge refuses to resign, then the CJI may constitute a three-member inquiry panel headed by a sitting SC judge and comprising chief justices of two high courts other than the HC where he is working.
After discovery of a huge pile of cash at Justice Varma’s residence, which Allahabad HC Bar Association put at Rs 15 crore in a letter protesting his repatriation, CJI Khanna on Friday informally briefed SC judges about the incident and said the laid-down procedure would be followed to get to the bottom of the matter.
The in-house procedure was based on the judgment in ‘C Ravichandran vs Justice A M Bhattacharjee’ (1995), where SC laid down: “The CJI, on receipt of the information from the HC CJ, after being satisfied about the correctness and truth touching the conduct of the judge, may tender such advice either directly or may initiate such action as is deemed necessary or warranted under given facts and circumstances.”