GUWAHATI: Chief Justice of India Sanjiv Khanna has sent the findings of a three-judge internal inquiry into Justice Yashwant Varma to the President and Prime Minister, a significant move that suggests the committee substantiated allegations of unauthorized currency notes being found at Justice Varma’s residence. This formal submission, made on Thursday, May 8, indicates that the inquiry found the allegations serious enough to warrant further action.
While the details of the report remain confidential, the recommendation to the highest executive authorities signals a troubling conclusion regarding Justice Varma’s conduct. It is reported that Chief Justice Khanna advised Justice Varma to either resign or opt for voluntary retirement, a suggestion that Varma has reportedly declined. This refusal has led to the escalation of the matter to the President and Prime Minister as per established procedures.
This process has its roots in important Supreme Court rulings, including K. Veeraswami v. Union of India (1991) and Ravichandran Iyer v. Justice A.M. Bhattacharjee (1995). These cases outline that if allegations suggest serious misconduct, the CJI has the authority to convene a three-member panel for a thorough investigation. In Justice Varma’s case, the committee comprised Justices Sheel Nagu, GS Sandhawalia, and Anu Sivaraman.
If a judge declines to resign after serious findings, the CJI is mandated to withdraw judicial responsibilities from that judge and forward the inquiry’s findings to the President and Prime Minister, thus initiating a constitutional removal process under Articles 124 and 217.
This situation is reminiscent of past instances, such as that of Justice Soumitra Sen, who resigned after impeachment proceedings commenced. Conversely, some judges, like Justice Narayan Shukla, chose to retire voluntarily without facing parliamentary action.
The internal mechanisms of the judiciary reach a conclusion once the CJI formally communicates with the President. Legal precedent suggests that the misconduct revealed is of such severity that it necessitates commencing removal proceedings against the judge involved.
India
Original Source: https://www.guwahatiplus.com/india/cji-forwards-report-on-justice-varma-to-president-pm-amid-cash-row
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Publish Date: 2025-05-09 13:46:00
