Justice Yashwant Varma became a part of the Delhi High Court in October 2021 leading to his controversial situation when unexplained money surfaced at his city bungalow over the Holi holiday. His tenure before Delhi High Court began at Allahabad High Court.
Justice Yashwant Varma established his position at the Allahabad High Court when he took the role of Additional Judge in October 2014. Two years after taking his oath as a permanent member of that court he became a member in February 2016.
Delhi High Court indicates that Justice Yashwant Varma was born on January 6, 1969 in Allahabad which later became known as Prayagraj in Uttar Pradesh. He completed his B Com (Honours) studies at Hansraj College under Delhi University and graduated with his LL B degree from Rewa University in Madhya Pradesh.
Justice Yashwant Varma became an advocate of the Allahabad High Court on August 8, 1992.
Justice Yashwant Varma practice included matters regarding the Constitution together with labour disputes and industrial laws and taxation matters according to the website of the High Court.
Justice Yashwant Varma also performed the role of Special Counsel for Allahabad High Court throughout his entire period from 2006 until assuming his position on the bench. He progressed to lead the standing counsel role for the state.
Discovery of unexplained cash at his Delhi residence triggered the ongoing legal controversy during the High Court Holi holiday. Firefighters discovered the unaccounted cash during their efforts to extinguish a fire that had started in his home.
The Supreme Court Collegium sent Justice Yashwant Varma back to his original legal jurisdiction at the Allahabad High Court after this incident took place. The Collegium received strong disapproval from Supreme Court Chief Justice Sanjiv Khanna as this led to judicial body seeking measures to protect its reputation.
The judicial proceedings of Justice Yashwant Varma remain absent as he has not addressed these events while failing to conduct court business today. His court officials revealed to PTI news agency that the judge is currently absent from duty.
Delhi High Court Chief Justice DK Upadhyaya expressed his emotional state when he told senior advocate Arun Bhardwaj that this incident left him feeling shaken.
The incident today caused pain which affected many judicial personnel. Administer steps which can prevent similar occurrences from damaging the judicial system for the future. Mr Bhardwaj made his statement before the Chief Justice replied “Yes, everyone has been shaken and demoralised.”
The Supreme Court should evaluate how it conducts judge nominations according to senior advocate and Rajya Sabha member Kapil Sibal.
The problem of judicial corruption represents a significant matter since senior legal experts and counsels never began this dialogue. He announced his statement through video by explaining that judicial corruption has occurred for multiple years.
The appointment system requires both greater transparency and thorough moderation to minimize corruption even though Prime Minister Narendra Modi states otherwise but the problem has worsened.
Harish Salve informed News Agency about his stance regarding a transfer halt in the Judge Cash case
Senior Advocate Harish Salve who identifies as a powerful critic of the Collegium system asserted the system lacks capability to handle cases such as reported cash finds on Delhi High Court judge Yashwant Varma. He maintains the transfer proceedings to Allahabad High Court should stop immediately.
Delhi fire chief reported that firefighters found no valuables at the judge’s bungalow in the national capital thus creating an “odd and murky” situation according to Supreme Court advocate Mr Salve during his Friday NDTV interview.
During a fire call to Justice Verma’s Lutyens’ Delhi home on March 14 Holi day firefighters did not discover any cash but reports emerged later on Friday that Rs 15 crore was located at his residence.
According to a press release from the Supreme Court the relocation of Justice Yashwant Varma did not stem from the ongoing High Court of Delhi investigation. A report submission from the Delhi High Court Chief Justice will occur on Friday.
The recovery situation has led me to believe that justice was indeed recovered according to my initial assumption despite the denial from Delhi fire services officials about the outcome. The Delhi fire official stated to the media that no evidence was found at the scene.
A strange situation exists at present regarding the Supreme Court Collegium issuing judicial transfer orders combined with an investigation process while conflicting reports suggest recovery occurred or not. What purpose would an inquiry serve if no recovery takes place?
The situation remains unclear because both scenarios regarding this crucial allegation raise significant questions. The formal solicitor general of India emphasized that both scenarios demand serious attention based on the truth of the claim.
According to the senior lawyer the original devastation of the situation has transformed into political controversy at a concerning level.
Mr Salve emphasized the Supreme Court needs to start an inquiry about both potential recovery and the identification of individuals who constructed these fake accusations.
The current transfer status of Justice Varma should remain suspended in any situation. His recent transfer has effectively combined issues which stemmed from administrative causes with those surrounding allegations against the judge. In his opinion a transfer represents insufficient evaluation of the actual situation because it would be too harsh to move him if charges are false yet too weak if proven true.
‘Unequal To The Task’
The lawyer used the recent allegations against the judge to prove his belief that a specific system needs implementation to handle these situations.
The management system operated by Collegium proves insufficient to handle these matters. Time shows itself today through this development. The judge’s housing allegations emerged on the day when Collegium officials revealed his judicial transfer in public.
The existence of current newspaper coverage combined with public discussions about this matter makes it improbable that the judges would remain uninformed about such events. The judges would have displayed a different morning behavior according to Mr Salve if they knew about the information in newspapers.
According to the newspaper some members of the Collegium felt dissatisfied with the transfer decision because it seemed insufficient. The main issue arises from maintaining an internal opaque operating system.
A suitable investigation process requires establishment but I reject conducting it outside Supreme Court control. The Supreme Court should develop a panel with one judge plus non-judicial eminent members to manage this investigation.
The people should not perceive the judges as protecting their own interests when the fire chief proves correct about baseless accusations. He stated that such exoneration needs to have credibility behind it.
Judicial Appointments
Mr Salve has consistently voiced his opposition against the Collegium system since its inception while answering a question about judicial appointment reforms.
According to the lawyer the Collegium system emerged as a hurried solution to regain lost executive powers that grew through government overreach. The executive stated in 1991 that judicial permission was unnecessary for appointing judges which caused damage to the previous appointment system according to Mr Salve.
In his opinion the National Judicial Appointments Commission (NJAC) decision by the Supreme Court displayed fundamental defects.
The basis of this ruling is completely wrong according to logic. Judicial independence demands that appointments should come from a committee where judges form the majority composition according to the Supreme Court. According to the logic independent people would not merit involvement in the system.
The total population of Indian civil society reaches 1.4 billion individuals. Seven honest individuals with good character are unable to find enough qualified people to select a judge. What about the rest of the world? Judges never appoint judges. That first assumption proves false according to his view.
According to the lawyer the second argument that the law minister should avoid membership on the selection committee due to government litigant involvement is incorrect.
The Government of India serves as one of the three co-equal branches which participate as a vital stakeholder. The law minister cannot exercise full authority in judicial selection yet his contribution regarding judicial nominations is essential. We need the NJAC. He explained that the issue could have received small adjustments as opposed to discarding it completely.
Judges Not Above The Law
According to the ex-Solicitor General judicial immunity does not exist. According to the solicitor general judges need protection by law although the executive supports the system that forbids officials from filing complaints about judicial work.
People must understand that the false notion must disappear as quickly as possible. Protection is needed for judges because their work requires treating highly sensitive information.
The same level of sensitivity exists in the duty performed by Union cabinet ministers and state cabinet ministers. The same level of sensitive work exists for senior civil servants. According to him beyond a specific threshold immunity no longer exists.
Mr Salve expressed his passionate argument by stating “The problem exists in public opinion about judicial honesty and integrity together with judicial competence because it has suffered serious deterioration.” The democratic system desperately needs the joint effort of the 500 elected Parliament members from any party to preserve the democratic process.
The release of this report either way will shake public trust in the justice delivery system because people will lose faith in its credibility. Our judicial system requires a solution which handles such cases effectively without inflicting the current damage to the judiciary that emerged from the previous twelve hours.
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