CJI calls for swift action against judges’ misconduct amid Justice Varma’s removal proceedings

As the government mulls a motion for removal of Justice Yashwant Varma of the Allahabad High Court following his indictment for recovery of unaccounted cash at his residence here, CJI BR Gavai has favoured a “swift, decisive and transparent action” to deal with judges’ misconduct.

Speaking during a roundtable discussion Tuesday evening at the UK Supreme Court on “Maintaining Judicial Legitimacy and Public Confidence”, CJI Gavai said, “Every system, no matter how robust, is susceptible to issues of professional misconduct.”

He said, “Sadly, there have been instances of corruption and misconduct that have surfaced even within the judiciary. Such occurrences inevitably have a negative impact on public confidence, potentially eroding faith in the integrity of the system as a whole.”

The CJI said, “However, the path to rebuilding this trust lies in the swift, decisive and transparent action taken to address and resolve these issues. In India, when such instances have come to light, the Supreme Court has consistently taken immediate and appropriate measures to address the misconduct.”

Days after a three-judge inquiry panel indicted Allahabad High Court’s Justice Varma for recovery of unaccounted cash during a fire incident at his residence here on March 14 — when he was a judge of the Delhi High Court, the then CJI Sanjiv Khanna had last month recommended his removal to the Government.

“Chief Justice of India, in terms of the in-house procedure, has written to the President and Prime Minister of India, enclosing therewith a copy of the three-member committee report dated May 3 along with the letter/response dated May 6 received from Justice Yashwant Varma,” the Supreme Court had said.

In its report submitted to the CJI on May 4, the three-member committee comprising Punjab and Haryana High Court Chief Justice Sheel Nagu, Himachal Pradesh High Court Chief Justice GS Sandhawalia and Justice Anu Sivaraman of the Karnataka High Court had reportedly concluded that there was clear evidence to confirm recovery of a huge stash of cash in the storeroom of Justice Varma’s official residence in New Delhi at the time of the fire incident.

Based on the March 24 recommendation of the Supreme Court Collegium, Justice Varma was on March 28 transferred from the Delhi High Court to his parent high court i.e. the Allahabad High Court where he has not been assigned any judicial work “for the time being”.