Delhi HC Judge’s Transfer Just the Beginning, Says CJI to Supreme Court Judges

Delhi HC Judge’s Transfer Just the Beginning: CJI Sanjiv Khanna intimated to all judges of the Supreme Court on Friday that the transfer of Delhi high court judge Yashwant Varma was just "the beginning" and prepared to take "more serious steps" if required, as per the information received.

CJI Khanna communicated this during an informal meeting over tea with the judges of the Supreme Court. During this meeting, he elaborately narrated the complete chain of events leading to the decision made by the collegium a day earlier regarding the repatriation of justice Varma back to the Allahabad high court. In the post-transfer scenario, cash was reportedly found in huge amounts in the judge's residence in Delhi.

According to people familiar with the affairs, CJI Khanna conveyed the message that only transferring justice Varma was not a final solution, and he was fully committed to acting in upholding the integrity of the judiciary and credibility of the institution.

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He reported firmly stating that he would be waiting for a report from the chief justice of the high court before determining the next step because the due process so required.

This is true as the CJI has the authority to seek comments from the judge and, if it is determined as worthy of being a book, an inquiry panel might be constituted to delve further into the allegations.

During the meeting on Friday, it was reported that one judge maintained that justice Varma be urged to resign, while concerns were raised regarding the practicability of the Allahabad high court ever accepting his return. In response, CJI Khanna allegedly stated his grave assurance that he would take every measure under legal and constitutional provisions to protect the reputation and independence of the judiciary.

The controversy surrounding justice Varma arose after March 14: a fire broke out at his official residence; betwixt extinguishing the fire, first responders found bundles of cash in one room. This was immediately communicated to senior officials, pulling the trigger on a series of events which eventually led the Supreme Court collegium to act expeditiously.

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It has already sparked a discussion in legal circles as to how far the issue touches upon judicial independence vs accountability. Some collegium members had initially suggested that the CJI also initiate an in-house inquiry along with the transfer, arguing that allowing justice Varma to continue serving under those circumstances, would have gravely jeopardized the judiciary's credibility.

After some deliberation, the CJI has decided to call for a report from Delhi high court chief justice Upadhyaya to determine the next course of action.

Following the creation of the in-house committee, the inquiry will proceed to study the circumstances of the cash discovery, justice Varma's response, and what constitutes appropriate next steps according to judicial ethics and disciplinary procedures.

According to the rules set in-house by the Supreme Court, since the year 1999, any time an allegation of impropriety or corruption is brought up against a judge of the constitutional court, the first thing that is done is that the CJI seeks a response from the concerned judge. Should the CJI not be satisfied, he or she may set up an inquiry committee for further investigation consisting of a Supreme Court judge and two Chief Justices of the High Courts. The outcome of such inquiry may be utilized as a basis for initiating removal proceedings by Parliament.

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