The legal community is perplexed, as the Supreme Court’s Collegium has transferred Justice Yashwant Varma of the Delhi High Court back to the Allahabad High Court based on this event.
Prior to Justice Varma’s transfer, a fire incident occurred in his official residence. Coincidentally, this led to the discovery of cash amounting to approximately ₹15 crores reported to higher authorities.
The Allahabad High Court Bar Association (HCBA) is opposed to the transfer. Hence, the integrity of the judiciary and the reputation of the Allahabad High Court are under a cloud.
Incident details
Fire Incident revealed cash on March 18, 2025, while Justice Varma was on leave from his official residence, a fire incident occurred.
After the firefighters extinguished the fire, they found significant amounts of cash in a number of rooms.
Upon returning to a location in the vicinity of the official residence, the higher authorities were immediately informed that there was cash discovered on the premises.
Subsequently, the report was forwarded to the Chief Justice of India (CJI) Sanjiv Khanna. The CJI, and the Supreme Court’s Collegium, met in urgent session, and decided to transfer Justice Varma back to the Allahabad High Court.
HCBA’s Strong Opposition
The HCBA has voiced its anger in a letter to the Chief Justice and all judges of the Allahabad High Court.
The association raised the concern that transferring a judge charged with serious allegations to that court is unwarranted.
They asked, “It raises the possibility of a serious question—is the Allahabad High Court a trash bin?”
The HCBA stated that the court is already falling behind due to an extreme shortage of judges. Therefore, leading to case delays and decreasing public trust in the courts.
Concerns About Judicial Vacancies and Integrity
The HCBA stated that the ongoing crisis of judicial vacancies in the Allahabad High Court has now gone on for many years without attracting new judges.
The HCBA maintained that the many vacancies are resulting in the failure to hear new cases in a timely manner. Consequently, leaving the judiciary unable to regain public trust.
They criticized the lack of consultation with the Bar during judicial appointments regarding serious eligibility questions. In specific to leading to corruption and public trust in the judiciary.
Request for Full Investigation
Rather than simply transferring Justice Varma, the HCBA supports a full investigation of the accusations against him.
They believe that moving a judge who is facing serious charges does not get rid of the problem. Henceforth, this likely compromises the reputation of the judiciary even more.
The association states that transparency and accountability, both of which are plank statements of rule of law and democracy, will help preserve public confidence.
General House Meeting
Meanwhile, the HCBA has called an emergency General House meeting on March 24, 2025, to discuss the matter and decide on any further action.
The association notes that the welfare and very existence of a judiciary are caught up in this matter, and urges all members to attend.
The Supreme Court has started an internal investigation of this incident. Certain Collegium members suggest that Justice Varma should either resign or participate in an inhouse investigation.
Looking forward
Subsequently, which could lead to his removal by an act of Parliament. The inhouse procedure within the Supreme Court, for investigating allegations against a judge on a constitutional court bench.
Firstly has the CJI afford the excused judge an opportunity to respond to the allegations the judge is facing.
If necessary, and if the CJI deems the accusations deserving of more scrutiny, the CJI appoints a panel to investigate the allegations. The panel usually includes a Supreme Court justice.
