In a shocking turn of events, the Supreme Court Collegium has recommended the transfer of Delhi High Court judge Justice Yashwant Verma back to Allahabad HC after a huge pile of cash was found at his official residence. The Collegium led by CJI Sanjiv Khanna took a series view of the incident after which it was decided to hold an in-house inquiry.
The incident leading to the discovery of cash happened on the day of Holi. Justice Verma was not at home when a fire broke out at his official residence. His family members alerted the fire brigade. While dousing the fire, the first responders stumbled across a huge amount of unaccounted cash inside a room.
The local police officers, who were at the spot, informed their seniors about the discovery. The matter was immediately conveyed to the judicial authorities, following which the action was taken by the collegium. The decision was unanimous that Justice Varma needed to be transferred back.
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Further action could follow after some members of the five-judge collegium felt the offence required an in-house enquiry, after which he should be removed from the Parliament. Letting him off the hook with just a transfer would not only tarnish the judiciary but also the trust in the institution, the members felt.
According to sources, the resolution regarding the transfer hasn’t been uploaded intentionally so that it does not hamper the investigation. Justice Yashwant Verma was sent from Allahabad to the Delhi High Court in October 2021.
How is a HC judge removed?
In 1999, the Supreme Court laid down guidelines to deal with allegations of corruption, wrongdoing, and judicial irregularity against judges of the Constitutional Court.
According to these guidelines, on receiving a complaint the Chief Justice will first seek a reply from the judge concerned. If he is dissatisfied with the answer or believes the matter requires further investigation, an internal committee will be formed.
After the committee submits a report and if the Chief Justice thinks that the alleged misconduct of the judge in question is grave requiring removal, he will ask the judge to resign. If the judge refuses, the Chief Justice will then write to the government to initiate proceedings for his/her removal by Parliament, under Article 124(4) of the Constitution.
(With inputs from Kanu Sarda)
