Breach of trust: Panel proposes axing Justice Yashwant Varma in cash fire scandal Perhaps betraying a sense of humour, the panel’s report — leaked to the media — says the evidence against the judge is of ‘unimpeachable character’

Our Bureau

A three-member judges’ panel has suggested the impeachment of Justice Yashwant Varma, a former Delhi High Court judge at whose home “unaccounted currency wads were destroyed in a mysterious fire”.

Perhaps betraying a sense of humour, the panel’s report — leaked to the media — says the evidence against the judge is of “unimpeachable character”.

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According to news reports, firefighters had discovered the burning cash after being called to the judge’s residence following a fire on March 14. Justice Varma, said to be out of Delhi at the time, later claimed a conspiracy. Days later, he was repatriated to Allahabad High Court.

“Keeping in view the direct and electronic evidence on record, this Committee is firmly of the view that there is sufficient substance in the allegations… and the misconduct found proved is serious enough to call for initiation of proceedings for removal of Justice Yashwant Varma,” the panel’s report says.

The report says the evidence establishes the presence of cash in a store room on the judge’s premises.

“…Access to the store room has been found to be within the covert or active control of Justice Varma and his family members and that by way of strong inferential evidence, it is established that the burnt cash/ money was got removed from the store room during the wee hours of 15.03.2025…,” the report adds.

The committee rejected Justice Varma’s plea that the cash may have been “planted” as part of a “conspiracy”.

“In the absence of any plausible explanation coming from Justice Varma or his family members, or for that matter any other witness, this Committee is left with no option but to hold that the trust reposed in him was belied by him by allowing highly suspicious material in shape of piles of currency notes to be stashed in the store room,” the report says.

“Whether this stashing was done with tacit or explicit consent of Justice Varma or his family members is of little significance in the face of the larger concept of breach of public trust and probity expected of the high constitutional office held by Justice Varma.”

Then Chief Justice of India Sanjiv Khanna had on March 22 formed the panel with Punjab and Haryana Chief Justice Sheel Nagu, Himachal Pradesh Chief Justice G.S. Sandhawalia and the Karnataka High Court judge, Justice Anu Sivaraman.

The panel submitted its 90-page report to Justice Khanna on May 3 after examining 54 witnesses, including Justice Varma, his family, police and fire brigade personnel.

As its contents got leaked to the media, The Leaflet, founded by senior lawyer Indira Jaising, published it on its website on Thursday morning and many journalists subsequently received copies on various WhatsApp groups.

The panel noted that immediately after rushing back to his residence from Uttar Pradesh where he was on holiday, Justice Varma had not bothered to visit the burnt store, a conduct that the committee found “unnatural”.

It underlined that Justice Varma and his family had not reported the discovery of the burnt cash, nor secured CCTV footage and made it available, after the judge was told on March 17 that there were photos and videos of burnt cash on his premises. This rendered his contentions unbelievable, it added.

It asked why the judge “chose not to file any complaint with the police officials or bring it to the notice of the Chief Justice of the High Court or the Hon’ble the Chief Justice of India regarding the fact that there were planted stories regarding the burning of currency notes in the store room which is part of his house”.

“Another reason which weighs with us”, the panel said, is the way Justice Varma, “knowing the inevitable, quietly accepted the proposal of transfer order which he received on 20.03.2025” without demur and without “an attempt to find out the reason for transfer”.