In SC collegium’s decision to transfer HC judge, a video clip played a big role

The video, recorded by officials who responded to the fire at justice Yashwant Varma’s residence, captured the discovery of large sums of cash inside a room

NEW DELHI: The Supreme Court collegium’s decision to transfer Delhi high court judge Yashwant Varma and consider an in-house inquiry against him was significantly influenced by a video purportedly showing the recovery of unaccounted cash from an outhouse at his official residence, people aware of the matter said.

The video, recorded by Delhi police during a fire at justice Yashwant Varma’s residence on March 14, was presented by the CJI to other collegium members (Photo:allahabadhighcourt.in)

According to one of the persons cited above, government authorities reportedly shared this video with Chief Justice of India (CJI) Sanjiv Khanna before Thursday’s collegium meeting. The video, recorded by Delhi police during a fire at justice Varma’s residence on March 14, was presented by the CJI to other collegium members. The collegium, including Justices Bhushan R Gavai, Surya Kant, Abhay S Oka and Vikram Nath, ultimately supported CJI Khanna’s decision, following which the call to transfer Justice Varma to the Allahabad High Court and contemplate further action was taken.

The video, reportedly recorded by officials who first responded to the fire at justice Varma’s residence on March 14, captured the discovery of large sums of cash stored inside a room, the person cited above said. First responders, including members of the fire department and the police, found the cash while assessing fire damage at the premises. The visuals, which were forwarded to senior police officials and later to top governmental authorities, played a critical role in escalating the matter to the highest levels of the judiciary.

“Once the CJI saw the video, there was no room left for inaction. It became evident that the matter had to be addressed at the institutional level to prevent further damage to judicial credibility,” said another person aware of the discussions.

Justice Varma, who was not in Delhi at the time of the fire, had his family members call emergency services when the incident occurred. However, the subsequent discovery of cash and its documentation by law enforcement officials raised serious concerns.

The collegium, during the Thursday meeting, decided to recommend justice Varma’s transfer back to the Allahabad high court, where he was originally appointed as a judge in 2016. However, the debate over initiating an in-house inquiry remains open and a further decision could be made on Friday.

Justice Varma was appointed to the Delhi high court in October 2021, following a recommendation by the Supreme Court collegium headed by then-CJI NV Ramana. Before his elevation, he served as special counsel for the Allahabad high court and held the position of standing counsel for the Uttar Pradesh government.

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.