New Delhi: The Supreme Court on Wednesday declined an urgent hearing on a plea seeking the registration of an FIR and a thorough investigation by the Delhi Police into allegations surrounding the discovery of a huge pile of burnt cash at the residence of Delhi High Court Judge, Justice Yashwant Varma.
When the matter was mentioned for an out-of-turn listing, a bench headed by Chief Justice of India Sanjiv Khanna advised advocate Mathews J. Nedumpara, who appeared as a party in person, against making public statements on the issue. "Sorry, Mr. Nedumpara," CJI Khanna said, adding that the Supreme Court registry would list the petition in due course.
The petition raised serious concerns over the non-registration of an FIR on March 14, the day when unaccounted cash was reportedly found after a fire brigade was called to Justice Varma's bungalow to extinguish a fire. It argued that the delay in making electronic records available to the public suggested a possible cover-up.
It questioned why no arrests were made, why the cash was not seized, why no official documentation (mahazar) was prepared, and why the criminal law was not immediately invoked. The petition also asked why it took nearly a week for the public to become aware of the matter. Citing Justice Varma’s statement that the money was not his and that he was unaware of it, the plea pointed out that he did not file a police complaint to investigate a potential attempt to frame him.
Describing the case as an "open and shut" instance of black money accumulation through judicial corruption, the petition emphasized that even if Justice Varma’s version were to be believed, an FIR was essential to probe the conspiracy aspect. It asserted that to the best of the petitioners' knowledge, no FIR had been registered in connection with the case, fueling public perception that efforts were being made to suppress the issue.
Additionally, the petition challenged the legitimacy of the three-member panel constituted by the Supreme Court Collegium to investigate the incident. It argued that the panel had no jurisdiction over the matter, which involved cognizable offenses under the Bharatiya Nyaya Sanhita (BNS), and its formation was void ab initio.
The plea also questioned a landmark judgment delivered by a five-judge Constitution Bench in the K. Veeraswami vs. Union of India case, which required consultation with the Chief Justice of India before registering a criminal case against a judge of the High Court, Chief Justice of a High Court, or a Supreme Court judge. The petition contended that this ruling was per incuriam—made in ignorance of the law—since police officers have a statutory duty to register an FIR when informed of a cognizable offense. It further argued that this precedent effectively grants judges immunity from penal laws, obstructing the registration of FIRs even in serious cases, including those involving the Protection of Children from Sexual Offences (POCSO) Act.
Meanwhile, a Supreme Court-appointed three-member committee began its probe on Tuesday, visiting Justice Varma’s official residence. The panel reportedly spent over half an hour at the bungalow, where the burnt cash was allegedly found in a storeroom after the fire incident on March 14. The discovery of the cash sent shockwaves through the judiciary, prompting Chief Justice Sanjiv Khanna to constitute the inquiry panel and direct the Chief Justice of the Delhi High Court not to assign Justice Varma any judicial work until further notice.
A statement from the Supreme Court confirmed that the panel comprises Justice Sheel Nagu, Chief Justice of the Punjab and Haryana High Court; Justice G.S. Sandhawalia, Chief Justice of the Himachal Pradesh High Court; and Justice Anu Sivaraman of the Karnataka High Court. Their mandate is to conduct a detailed inquiry into the allegations against Justice Varma.
On Monday, Delhi High Court Chief Justice D.K. Upadhyaya formally withdrew all judicial work from Justice Varma, who is the second senior-most judge in the court, pending further orders. Later the same day, the Supreme Court Collegium, led by CJI Khanna, recommended that the Centre repatriate Justice Varma to the Allahabad High Court.
A statement uploaded on the apex court’s website confirmed the decision: "The Supreme Court Collegium, in its meetings held on 20th and 24th March 2025, has recommended repatriation of Mr. Justice Yashwant Varma, Judge, High Court of Delhi, to the High Court of Judicature at Allahabad."
The unfolding developments surrounding the case have sparked intense public debate, with concerns over judicial accountability and transparency gaining prominence in legal and political circles.
With IANS inputs
