Justice Yashwant Varma Faces Impeachment Proceedings Amidst Cash-at-Home Controversy
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New Delhi: A important growth has unfolded in the Indian judiciary as MPs from both the Rajya Sabha and Lok Sabha have submitted notices for the impeachment of Justice Yashwant Varma, a judge of the Himachal Pradesh High Court. This move follows an in-house inquiry that found prima facie evidence of misconduct related to the discovery of a significant amount of cash at his official residence.
The Fire Incident and the Discovery
The controversy began on March 14th, when a fire broke out at Justice Varma’s official residence. During the firefighting efforts,currency notes were discovered in a storeroom. This discovery triggered an investigation into the source and presence of the cash within the judge’s official premises.
In-House Inquiry and Findings
A three-judge committee, constituted by the Chief Justice of India (CJI) Sanjiv Khanna, was tasked with conducting an in-house inquiry into the matter. The committee comprised Justice R. Mahadevan (judge, Madras high Court), Justice Anu Sivaraman (Judge, Karnataka High Court), and justice Varma himself was initially part of the committee but was later repatriated to the Allahabad High Court, with his judicial work withdrawn pending the inquiry.
after a thorough examination of 55 witnesses, including Justice Varma and his daughter, and reviewing electronic evidence such as videos and photographs taken by the fire brigade, the committee submitted its report in May. The committee concluded that the cash was indeed found in Justice Varma’s official premises. Crucially, thay persistent that the storeroom was within the “covert or active control of Justice Varma and his family members.”
The committee found Justice Varma’s conduct following the fire incident to be “unnatural,” leading to adverse inferences against him. The burden of proof,therefore,shifted to Justice Varma to provide a plausible description for the presence of the cash. Though, the committee noted that the judge’s response was limited to a “flat denial or a bald plea of conspiracy,” which they deemed insufficient to discharge his burden. Consequently, the committee found sufficient grounds to recommend action against him.
CJI’s Action and Presidential Referral
Following the submission of the report, CJI Sanjiv Khanna forwarded the findings to the President and the Prime Minister for further action. This step was taken after Justice Varma reportedly refused to heed the CJI’s advice to resign. The forwarding of the report signifies the seriousness with which the allegations have been treated at the highest levels of the judiciary and government.
Impeachment Process Initiated
The submission of impeachment notices by MPs in both houses of Parliament marks the formal commencement of the impeachment process. This process, outlined in Article 124(4) of the Constitution, requires a motion to be presented to the Speaker of the Lok Sabha or the chairman of the Rajya Sabha, supported by a specified number of members, alleging incapacity or proved misbehaviour. If the motion is admitted, a joint committee of both Houses is formed to investigate the charges.
The unfolding events surrounding Justice Yashwant Varma highlight the robust mechanisms in place within the Indian judicial system to address allegations of misconduct and uphold the integrity of the judiciary. The nation will be closely watching the progress of the impeachment proceedings.
Case Details: XXX v THE UNION OF INDIA AND ORS|W.P.(C) No. 699/2025
Appearance: Senior Advocates kapil Sibal, Mukul Rohatgi
