CJI BR Gavai recuses from hearing Justice Yashwant Varma’s plea challenging in-house panel findings

New Delhi, Jul 23: Chief Justice of India (CJI) BR Gavai on Wednesday recused himself from hearing a petition filed by Justice Yashwant Varma of the Allahabad High Court, who has challenged the findings of an in-house committee that reportedly indicted him over the recovery of a large sum of unaccounted cash from his official residence in Delhi, reports Bar & Bench. The matter was mentioned before the CJI by Senior Advocate Kapil Sibal, representing Justice Varma, who sought urgent listing of the case. “This raises some constitutional issues. If it can be listed as early as possible,” Sibal requested, as reported by Bar & Bench.

CJI Gavai responded, “It will not be possible for me to take up this matter because I was also part of the committee.

We will list it.” His statement indicated that he had been involved in initiating in-house action against Justice Varma during the tenure of former Chief Justice of India Sanjiv Khanna, reports Bar & Bench. Justice Varma’s petition before the Supreme Court challenges the constitutional validity of the in-house committee mechanism and the recommendation made by former CJI Sanjiv Khanna for his removal as a High Court judge. The petition argues that the in-house procedure operates as a parallel and extra-constitutional system, bypassing the statutory safeguards provided under the Judges (Inquiry) Act, 1968, and undermining the constitutional scheme which vests the power to remove High Court judges solely with Parliament. The plea also challenges the legality of invoking the in-house procedure in the absence of any formal complaint against Justice Varma.

The background to the case lies in a fire that broke out at Justice Varma’s official residence in Delhi on March 14. At the time of the incident, Justice Varma and his wife were travelling in Madhya Pradesh. Only his daughter and elderly mother were at home when the fire occurred. During the fire-fighting operations, unaccounted cash was allegedly discovered, and a video subsequently surfaced showing bundles of currency burning in the blaze.

Justice Varma has denied the allegations of corruption and described the entire episode as a conspiracy to malign him. Following the incident, Chief Justice ordered an in-house inquiry, constituting a three-member committee on March 22. The inquiry panel comprised Punjab and Haryana High Court Chief Justice Sheel Nagu, Himachal Pradesh High Court Chief Justice GS Sandhawalia, and Karnataka High Court judge Justice Anu Sivaraman. The committee began its probe on March 25 and submitted its report on May 3, which was forwarded to then CJI Sanjiv Khanna on May 4. After the panel found Justice Varma culpable, CJI Khanna reportedly forwarded the report to the President of India and recommended initiation of impeachment proceedings.

Following the inquiry, Justice Varma was repatriated to his parent High Court, the Allahabad High Court, where he recently took oath of office again. However, his judicial responsibilities have been withheld temporarily, reportedly on the instructions of the Chief Justice of India.

According to Bar & Bench, Justice Varma’s petition contends that he was denied a fair hearing and that the committee failed to inform him about the procedure it had adopted. He also claims he was not given an opportunity to respond to or provide input on the evidence examined