Source : INDIA TODAY NEWS
The enquiry report into allegations against former Allahabad High Court judge Justice Yashwant Varma will be tabled in the Lok Sabha and Rajya Sabha on Wednesday, bringing a controversial case involving the alleged discovery of burnt currency at his official residence to a crucial stage.
The three-member enquiry committee, constituted by Lok Sabha Speaker Om Birla under the Judges (Inquiry) Act, 1968, investigated allegations against Justice Varma following the discovery of burnt currency notes at his official residence in Delhi in March 2025.
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Following the incident, Justice Varma was transferred from the Delhi High Court to the Allahabad High Court, and his judicial work was withdrawn pending an in-house enquiry. He resigned from the Allahabad High Court on April 9, 2026, while the parliamentary inquiry was underway.
The resignation has raised a key legal and constitutional question over whether Parliament can continue with removal proceedings against a judge who has resigned while the process is pending.
The parliamentary inquiry committee submitted its report to Speaker Om Birla on May 18. The committee was reconstituted in February and comprises Supreme Court Justice Aravind Kumar, Bombay High Court Chief Justice Shree Chandrashekhar and senior advocate B V Acharya.
The proceedings originated after a removal motion signed by 146 MPs was submitted to the Lok Sabha Speaker in July 2025.
WHAT IS THE ALLEGATION AGAINST JUSTICE VARMA?
The controversy dates back to March 2025, when a fire broke out at Justice Varma’s official residence in Delhi. During firefighting operations, burnt currency notes were allegedly found at the site.
Justice Varma has denied the allegations and maintained that no cash was recovered from his residence. He was not present at the residence when the fire broke out and subsequently questioned the basis for holding him responsible for what happened at the premises.
Following the incident, then Chief Justice of India Sanjiv Khanna ordered an in-house inquiry. The panel reportedly found prima facie that Justice Varma and his family had control over the room where the cash was allegedly found.
PARLIAMENTARY ENQUIRY
In August 2025, Speaker Om Birla constituted a three-member committee under the Judges (Inquiry) Act to examine the allegations. Justice Varma later challenged the validity of the parliamentary inquiry before the Supreme Court. The proceedings were ultimately allowed to continue.
The committee completed its proceedings after Justice Varma resigned on April 9 and subsequently submitted its report to the Speaker on May 18.
The report will now be placed before Parliament. Its findings could determine what further parliamentary action is considered in the case.
CAN PARLIAMENT REMOVE A JUDGE AFTER RESIGNATION?
This is the central constitutional question surrounding the case.
Under Articles 124 and 217 of the Constitution, a High Court judge can be removed on grounds of “proved misbehaviour” or “incapacity”. The removal process requires an address by each House of Parliament supported by a majority of the total membership of that House and by at least two-thirds of members present and voting, followed by an order of the President.
Justice Varma’s resignation, however, has created an unusual situation because the parliamentary removal process was already underway when he stepped down.
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SOURCE :- TIMES OF INDIA
