Judge cites procedural lapses and 'no evidence' in defence

Justice Yashwant Varma of the Allahabad High Court has withdrawn from the ongoing inquiry against him, citing serious procedural irregularities, denial of a fair opportunity to defend himself, and a “complete absence” of evidence linking him to the alleged recovery of burnt cash at his official residence.
In a parallel development, he has also submitted his resignation to President Droupadi Murmu, bringing an abrupt end to his tenure amid impeachment proceedings.
In a detailed communication to the inquiry committee, Justice Varma said he was stepping away “with profound anguish and a heavy heart,” arguing that the case against him was based on presumptions rather than evidence.
“I would be doing myself and the institution the greatest disservice by continuing to participate in the present proceedings… where did the money come from,” he stated.
He contended that the inquiry had effectively reversed the burden of proof, requiring him to disprove “assumed facts and innumerable presumptions” without the prosecution establishing even a prima facie case.
The controversy dates back to a fire on March 14, 2025, at his official residence in Delhi, during his tenure as a Delhi High Court judge. Videos recorded by firefighters reportedly showed burnt currency in a storeroom on the premises.
Justice Varma, however, said there was no evidence linking him to the cash.
“No charge was ever made, and no evidence whatsoever was led to show that any cash was placed in the storeroom by me or at my instance,” he said.
He also stated that he was not present at the residence at the time of the fire and had no prior knowledge of the alleged cash.
Fire broke out on March 14, 2025, at Justice Varma’s official residence in Delhi
Burnt currency was reportedly found in a storeroom
Videos recorded by firefighters showed alleged presence of cash
Inquiry initiated under Judges (Inquiry) Act, 1968
Impeachment notices backed by MPs from both Houses of Parliament
Justice Varma denies any link to the cash or knowledge of its presence
He alleges lack of evidence, procedural lapses and unfair inquiry process
Justice Varma raised multiple concerns about the conduct of the inquiry.
He alleged that key exculpatory material, including the statutory fire report, which made no mention of cash, was excluded without explanation. He also claimed that crucial evidence such as CCTV footage was withheld despite repeated requests.
“This best evidence that could shed light on the entire incident has been kept away,” he said.
He further questioned the forensic findings, stating that the DVR was not examined and that conclusions about inaccessible data were “highly suspect”.
Several key witnesses, including officials from the Delhi Fire Services and Delhi Police, were also dropped after cross-examination revealed inconsistencies, he claimed.
Rejecting allegations of tampering with evidence, Justice Varma said there was “simply no material” to support such claims.
He maintained that decisions regarding the handling of the alleged cash were taken by officials before he was even informed of the incident.
He also dismissed claims of providing an “evasive explanation”, saying he had consistently stated that neither he nor his family had any knowledge of the cash.
Justice Varma has resigned with immediate effect, marking a significant development in the ongoing case.
“It is with deep anguish” that he was stepping down, he said in his resignation letter, adding that it had been “an honour to serve”.
The case had already progressed to impeachment proceedings, with notices backed by 145 Lok Sabha members and 63 Rajya Sabha members, leading to the formation of an inquiry committee under the Judges (Inquiry) Act, 1968.
Earlier, the Supreme Court rejected Justice Varma’s plea challenging the constitution of the inquiry committee.
A bench of Justices Dipankar Datta and Satish Chandra Sharma held that he was “not entitled to any relief”.
He had also challenged the findings of a prior in-house inquiry, which concluded that he exercised “secret or active control” over the alleged cash.
The apex court upheld that process as “fair and just”.
- with inputs from IANS