SC to hear two key pleas in Justice Varma cash row controversy

New Delhi, July 28 (IANS) The Supreme Court is slated to hear two key petitions on Monday related to the sensational cash-discovery episode involving Justice Yashwant Varma — against whom an impeachment notice has been moved in the Lok Sabha.

As per the causelist published on the website of the apex court, a Bench of Justices Dipankar Datta and AG Masih will hear a petition filed by Justice Varma himself, challenging the findings of the three-member in-house enquiry committee constituted by the Supreme Court, which recommended his removal under Article 124(4) of the Constitution.

The writ petition filed by Justice Varma sought to quash the communication forwarded by former CJI Sanjiv Khanna to the President and then Prime Minister, recommending action based on the in-house committee’s findings.

As per Justice Varma, the in-house panel acted in a “pre-determined manner” and denied him a fair opportunity to present his defence.

The Justice Datta-led Bench of the apex court will also hear another plea filed by advocate Mathews J. Nedumpara, along with other co-petitioners, seeks a direction to the Delhi Police to register an FIR in relation to the incident of alleged discovery of the burnt cash in an outhouse of Justice Varma’s official residence while serving in the Delhi High Court.

Advocate Nedumpara, for the third time in a row, reiterated that the Union government — being in charge of the Delhi Police — was duty-bound to ensure registration of an FIR.

Earlier, the Supreme Court had declined to entertain similar pleas by Nedumpara — first in March, seeking an FIR and investigation into the cash-discovery allegations, and again in May, seeking Justice Varma’s criminal prosecution.

Justice Varma came under scrutiny following the March 14 discovery of burnt cash in an outhouse of his official residence in New Delhi after the fire brigade had gone there to douse a blaze.

Following the cash discovery, which sent shockwaves through judicial circles, Justice Varma was repatriated to the Allahabad High Court, and an in-house enquiry was initiated into the allegations.

The in-house enquiry committee found both direct and electronic evidence indicating that the storeroom was under the covert or active control of Justice Varma and his family.

It concluded, based on strong inferential evidence, that the burnt cash was removed from the storeroom in the early hours of March 15.

The three-member enquiry committee – comprising Chief Justice Sheel Nagu of the Punjab and Haryana High Court, CJ G.S. Sandhawalia of the Himachal Pradesh HC and Karnataka HC’s Justice Anu Sivaraman -- found the allegations serious enough to merit impeachment proceedings against Justice Varma.

The committee held that Justice Varma’s misconduct was proven and grave, meriting his removal under Article 124(4) of the Constitution.

--IANS

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