Yashwant Varma's resignation may open graft-probe window

NEW DELHI: Friday's resignation saves Justice Yashwant Varma from the ignominy of defending himself in Parliament in a debate on the motion to remove him as a judge. However, it might open a window for the authorities to order an investigation into the source of the money found in a judge's official residence in a high-security zone in the national capital.

The investigation, which could not have been launched earlier because of the immunity he enjoyed as a high court judge, could potentially land him on the wrong side of the Prevention of Corruption Act.





Last week, his lawyers had dismissed as "rumour" widespread speculation about Justice Varma planning to resign. There are indications that the consistency of eyewitness accounts on questioning by Justice Varma's lawyers during the hearings of the committee may have impressed upon the high court judge the futility of trying to hang on.

The Delhi police commissioner had, on March 14-15, informed the Chief Justice of Delhi high court, Justice D K Upadhyay, about the sensational recovery by the fire and police personnel at the bungalow of Justice Varma in response to a call from the judge's daughter about a fire.

Justice D K Upadhyaya immediately looped in the then Chief Justice of India, Sanjiv Khanna, setting in motion fast-paced events that intensified debate about alleged corruption in the judiciary and revived calls for a fresh look at the SC collegium's monopoly over the appointment of judges to the high courts and the apex court. On March 20, the CJI-headed SC collegium considered transferring Justice Varma back to the Allahabad HC and stripped him of judicial work. Simultaneously, the CJI had sought a report from the Delhi HC CJ.

After receiving the report from the HC CJ, the SC collegium recommended his transfer. TOI was the first to report about the incident and transfer of Justice Varma on March 22 last year.

The controversy snowballed after then CJI Khanna constituted an inquiry committee comprising Punjab and Haryana CJ Sheel Nagu, Himachal Pradesh CJ G S Sandhawalia and Karnataka HC's Justice Anu Sivaraman. After an elaborate and lengthy inquiry, the committee, in its May 3 report, corroborated the discovery of huge cash at Justice Varma's residence and its mysterious disappearance.

CJI Khanna had sent the report to Justice Varma and suggested he resign. When he refused, the CJI sent the report to the President and PM and advised govt to initiate a motion in Parliament for Justice Varma's removal.

Following the filing of a removal motion against Justice Varma in Lok Sabha, Speaker Om Birla had, on Aug 12, constituted a three-member committee headed by SC's Justice Aravind Kumar and comprising Madras HC CJ M M Srivastava and senior advocate B V Acharya to inquire into the charges against Justice Varma.

Justice Srivastava, who retired on March 5, was replaced by Bombay high court CJ Shree Chandrashekhar.

The Lok Sabha office had completed the process of adducing evidence, mainly based on the evidence gathered by the in-house inquiry committee, against Justice Varma and was at an advanced stage of concluding the proceedings.