Bombay Lawyers' Body Seeks Sanction For Criminal Prosecution Against Justice Yashwant Varma

Mumbai, Maharashtra: Amid reports that the government is likely to bring an impeachment motion against Allahabad High Court Judge Yashwant Varma, the Bombay Lawyers Association (BLA) on June 2 formally approached the Chief Justice of India, BR Gavai, seeking sanction to initiate criminal prosecution against Justice Varma, who is facing accusations of corruption in the cash row case, Bar and Bench reported,

After fire department officials discovered a huge sum of unaccounted burnt cash from Justice Varma’s residence in Delhi while he was serving as Delhi High Court judge, a Supreme Court-appointed probe panel indicted Varma. Rejecting the allegation, Justice Varma continued to serve as judge despite pressure to resign. As part of administrative measure, Varma was later transferred to Allahabad High Court.

Read Also: Impeachment Explained As The Centre Likely To Move Against Justice Yashwant Varma In Cash Row

However, the BLA has requested the chief justice to permit the registration of a First Information Report (FIR) under the Prevention of Corruption Act, 1988 (PC Act) and the Bharatiya Nyaya Sanhita (BNS), 2023 against the sitting judge, and the letter has been signed by the association’s president, Advocate Ahmed Abdi and its secretary, Advocate Eknath R Dhokale.

The letter says the applicants are seeking the chief justice’s sanction to initiate criminal prosecution, including the registration of an FIR in connection with the recovery of unaccounted cash. It underlined the principle of equality before the law and the need for institutional accountability, while noting that credible evidence, including photographs and video footage shared by law enforcement authorities, indicates the commission of a cognizable offense.

The letter also flagged concerns that no FIR had been registered yet, despite the gravity of the issue. It also expressed concerns over potential evidence tampering due to procedural delays while urging to grant sanctions to initiate criminal proceedings. The BLA also pointed out a binding precedent laid down by the Constitution Bench in 1991 in which the top court held that a judge is also a ‘public servant’ under the PC Act and can be subjected to criminal prosecution as long as sanction is obtained from the chief justice.

Read Also: Amid ‘Cash’ Row, Justice Yashwant Varma Takes Oath As Allahabad High Court Judge

Given all these into consideration, the BLA has demanded the chief justice direct the relevant authorities, such as the Delhi Police or the Central Bureau of Investigation (CBI), to secure all material evidence, including partially burnt currency, videos, and photographs of the scene. It also asked the judiciary to make a copy of the in-house committee’s report against Justice Varma available to the public.

After a fire broke out at Justice Varma’s official residence at 30 Tughlak Road in New Delhi on March 14, firefighters reportedly discovered around Rs 15 crore in partially burnt currency, raising judicial credibility concerns.