Allahabad HCBA Demands Impeachment of Delhi High Court Judge Yashwant Varma, Opposes Collegium’s Transfer Recommendation
Kiran Raj
The Allahabad High Court Bar Association (HCBA) on Monday passed a resolution calling for the initiation of impeachment proceedings against Delhi High Court judge Justice Yashwant Varma. The resolution was adopted during a meeting held in the afternoon, where the Bar Association also recorded its objection to the Supreme Court Collegium’s recent recommendation to transfer Justice Varma to the Allahabad High Court. The Association further resolved to abstain from judicial work post-lunch on the same day.
The resolution stated, “The Bar Association is of a considered opinion that immediate steps should be taken for impeachment of the delinquent judge. It is apposite to state that after this incident, the judiciary specially the High Court and Supreme Court may not be able to claim moral high ground … CJI should immediately recommend to the government to draw impeachment proceeding against Justice Yashwant Varma.”
This resolution follows an incident involving the discovery of unaccounted cash from an outhouse at Justice Varma's residence. The cash was recovered last week by firefighters who had arrived to extinguish a blaze. Allegations of corruption have since been leveled against Justice Varma. In response, Justice Varma has denied the allegations and claimed that the incident appears to be part of a conspiracy against him.
The Chief Justice of India (CJI) initiated an in-house inquiry on March 22, appointing a panel of three High Court judges to examine the allegations against Justice Varma. The HCBA expressed acknowledgement of this step but voiced concerns about the sufficiency of such an inquiry. “We can only hope and trust that this in-house enquiry does not end in a cover up to save Justice Varma. In no other country in the world judges judge judges or judges appoint judges which is happening only in India through a collegium system, and the weak executive continues to follow the same till date,” the resolution recorded.
The Bar Association also opposed the Collegium’s proposal to transfer Justice Varma to the Allahabad High Court. On March 20, the Supreme Court Collegium reportedly convened to discuss Justice Varma’s transfer back to his parent High Court. Though no official statement was initially issued, the Allahabad HCBA promptly raised its objection to the proposal.
On March 24, the Supreme Court Collegium publicly recommended Justice Varma’s transfer to the Allahabad High Court. However, the HCBA reiterated its opposition, stating, “The Allahabad High Court is not a dumping ground for corrupt and tainted judges which the Bar Association shall oppose tooth and nail.”
In its resolution, the HCBA urged the Chief Justice of India to permit the registration of a first information report (FIR) against Justice Varma. The Association further demanded that investigative agencies, including the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED), be tasked with probing the matter.
“It is not merely a trial of a petty criminal but the conduct of sitting High Court Judge which has shocked the nation and the functionality of the constitution is at stake. Therefore continuance of Justice Yashwant Varma any further is dangerous for democracy as it eroded ‘Public Faith’ which is the only power available with judicial system. If faith gone, everything gone and nation will collapse,” the resolution read.
The HCBA stated that judicial immunity extended to judges applies only to acts performed in their official capacity, asserting that the situation involving Justice Varma does not qualify for such protection. According to the resolution, Justice Varma should not be immune from criminal investigation in this instance.
Additionally, the HCBA has called for a review of all judgments delivered by Justice Varma. The resolution also contained a call to revisit the existing collegium system for judicial appointments, questioning its transparency and inclusivity. “The procedure of appointment of judges through collegium is not transparent. All eligible and competent persons are not considered rather consideration is limited to a very limited class of lawyers who are either from the family of judges or of influential lawyers or close to them,” the resolution noted.
The Bar Association further stated, “We strongly resolve that for ensuring and restoring the ‘FAITH OF COMMON PUBLIC OF INDIA’, the collegium system is required to be revisited so that a transparent system be introduced.”
[Read/Download HCBA Resolution]
