Supreme Court Collegium's Decision To Transfer Justice Varma Challenged By Allahabad High Court

New Delhi: The Supreme Court Collegium, led by Chief Justice of India Sanjiv Khanna, has proposed the transfer of Justice Yashwant Varma back to the Allahabad High Court after a large amount of unaccounted cash was recovered at his official residence. This decision has sparked strong opposition from the Allahabad High Court Bar Association (HCBA), which, in a strongly worded statement, emphasized that “they are not a trash bin.”

In a letter addressed to the Chief Justice of India, the HCBA strongly opposed Justice Varma’s transfer, expressing shock and concern over the decision. The Bar Association criticized the move, questioning whether the Allahabad High Court was being treated as a dumping ground for controversial judges.

“Today, we were taken aback that the Hon’ble Supreme Court has transferred Hon’ble Justice Yashwant Varma back to the Allahabad High Court on the ground of his involvement in corruption, wherein a sum of ₹15 crores was found in his bungalow by the fire department. Newspapers have reported this fact on the front page,” the statement read.

Reiterating that the Allahabad High Court should not be a repository for judges facing allegations, the letter raised serious concerns: “This decision of the Supreme Court Collegium raises a serious question: Is the Allahabad High Court a trash bin? This matter becomes even more pressing when we examine the current situation, wherein the Allahabad High Court is already facing a shortage of Hon’ble judges. Despite persistent issues, new appointments have not been made for years. It is also a matter of grave concern that while appointing judges by elevating members of the Bar, the Bar was never consulted.”

The HCBA further warned that the decision could shake public faith in the judiciary, stating:

“Consideration of eligibility appears to be lacking, leading to corruption. Consequently, great damage has been caused to the public’s trust in the judiciary.”

The letter recalled previous observations made by the Supreme Court regarding the Allahabad High Court:

“We cannot say that this situation is beyond the knowledge of the Hon’ble Apex Court. Time and again, the Hon’ble Apex Court has remarked on the state of affairs at the Allahabad High Court, describing it as: ‘Something rotten in the Allahabad High Court.’”

The letter highlighted the number of problems the court is facing, including the shortage of judges and delays in hearing cases.

“Presently, we are facing so many problems, particularly the shortage of judges, resulting in fresh cases not being heard for months, thereby diminishing the faith of the public in the rule of law. But it does not mean that we are a trash bin.”

The court strongly opposed the transfer, stating: “We are not ready to accept corruption.”

The Bar Association also felt a conspiracy was being played to divide the Allahabad High Court into parts.

“The Bar Association feels that a conspiracy is behind all these factors to divide the Allahabad High Court in parts, for which we will resolve against the end. The concern of the Bar Association is only to maintain the faith and confidence of the public in the judiciary.”

The High Court has called a General House meeting on 24th March at 1:15 PM, where they will speak with the remaining advocates of the Allahabad High Court regarding their concerns.

What Led to Delhi HC Judge Justice Varma’s Transfer?

A fire, piles of cash, and a corruption scandal have led to the transfer of Delhi High Court Judge Justice Yashwant Varma back to the Allahabad High Court.

The controversy erupted after a large amount of unaccounted cash was discovered at Justice Varma’s official residence in Delhi last week. The revelation sent shockwaves through judicial circles, prompting the Supreme Court Collegium, led by Chief Justice of India (CJI) Sanjiv Khanna, to unanimously agree on his transfer to the Allahabad High Court.

According to reports, when the fire broke out last week, Justice Varma was on leave for the Holi vacation. His family members immediately alerted the fire brigade and police. Once the flames were doused, responders recovered a massive stash of cash hidden inside his residence.

Following the discovery, local police briefed higher authorities. Reports suggest that senior collegium members pushed for stricter action against Justice Varma, arguing that a mere transfer would damage the judiciary’s reputation.

Some collegium members demanded that Justice Varma either resign or face removal. The Supreme Court Collegium has commenced an initial inquiry against Delhi High Court Judge Yashwant Varma. The initial inquiry is not an in-house inquiry as envisaged in Supreme Court judgments. It would entail seeking a primary report on the incident from the Chief Justice of the Delhi High Court.