GUWAHATI: Bar Associations of several High Courts have issued a joint statement demanding a criminal investigation against the Delhi High Court Justice Yashwant Varma and calling for the immediate withdrawal of his transfer to the Allahabad High Court.
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The joint statement, issued by the Presidents of the Bar Associations of the High Courts of Delhi, Allahabad, Kerala, Karnataka, and Gujarat, appreciated the transparency shown by Chief Justice of India (CJI) Sanjiv Khanna in making public the report of the Chief Justice of Delhi High Court and other related documents. However, the Bar Associations expressed grave concern over the Collegium’s recommendation to transfer Justice Varma, stating that it undermines judicial accountability.
"The Bar Associations request the Chief Justice and the Collegium to withdraw the transfer of Justice Yashwant Varma and to revoke all administrative duties in addition to the judicial work already withdrawn," the statement read. They further urged the CJI to "set the criminal law in motion as is applicable to any government servant."
The statement highlighted concerns raised in the report of Delhi High Court Chief Justice D.K. Upadhyay, which noted that articles were removed from Justice Varma’s premises on March 15, the day after a fire broke out at his residential office. The Bar leaders pointed out that the failure to initiate criminal proceedings had potentially allowed evidence to be destroyed and could obstruct the prosecution of others involved.
The Bar Associations declared that their Presidents would convene at Allahabad if the transfer order is not revoked, to support the Allahabad High Court Bar Association and to establish accountability norms for judges of the higher judiciary and to reassess the existing in-house inquiry mechanism adopted in 1999, alongside the Restatement of Judicial Values (1997) and the Bangalore Principles (2002).
The controversy began on March 21 following media reports that a fire at Justice Varma’s official residence had led to the discovery of large sums of cash stored in sacks. On March 22, CJI Khanna set up a three-member committee to inquire into the matter under the in-house procedure after Chief Justice Upadhyay submitted a report recommending further investigation.
The Supreme Court subsequently published the inquiry report, Justice Varma’s response, and related photographic and video evidence submitted by the Commissioner of Police, Delhi.
The fire reportedly occurred late on March 14 while Justice Varma was out of town. Chief Justice Upadhyay was informed of the incident by the Delhi Police Commissioner on March 15.
Justice Varma has denied any wrongdoing, alleging that the incident is part of a conspiracy to malign him.
On March 24, the Delhi High Court withdrew all judicial work assigned to Justice Varma in line with directions from the Supreme Court. The same day, the Allahabad High Court Bar Association declared an indefinite strike starting March 25 in protest against the Collegium’s recommendation to transfer Justice Varma.
A Public Interest Litigation (PIL) has also been filed seeking the registration of an FIR against Justice Varma and challenging the constitution of the in-house inquiry committee.