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It’s premature: Top court rejects petition for FIR against Justice Varma

Centre notifies transfer to Allahabad HC, but he won’t be assigned work
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In an unprecedented move, the Supreme Court on March 22 uploaded on its website the inquiry report of Delhi High Chief Justice D K Upadhyaya—complete with photos and videos—regarding the alleged discovery of a substantial amount of cash from Justice Varma’s residence.
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The Supreme Court on Friday refused to entertain a PIL seeking directions to the Delhi Police to register an FIR against Justice Yashwant Varma of the Delhi High Court following allegations of discovery of semi-burnt and unaccounted stash of cash at his residence during a fire incident on March 14, terming it “premature”.

In another development, the Centre on Friday notified Justice Varma’s transfer to the Allahabad High Court—his parent high court. However, Justice Varma will not be assigned any judicial work in the Allahabad High Court, the Supreme Court said in a press release.

About the PIL seeking an FIR, a Bench led by Justice AS Oka said, “Once the in-house inquiry is complete, all sorts of recourse is open. If required, the CJI can direct the registration of an FIR. Why should we go into this today?” The PIL was filed by advocate Mathews J Nedumpara and three others.

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Leaders of six Bar associations of different high courts had on Thursday met CJI Sanjiv Khanna-led Supreme Court Collegium demanding the withdrawal of the recommendation to transfer Justice Varma to the Allahabad High Court and a criminal probe into the allegations.

Based on an in-house fact-finding report of Delhi High Court Chief Justice DK Justice Upadhyaya, CJI Khanna and the Delhi High Court had issued a series of directives, including the withdrawal of judicial work from Justice Varma, who has denied the allegation of any cash being placed in a storeroom on his residential premises either by him or any of his family members, terming it an attempt to frame him.

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On March 22, the CJI had set up a three-member in-house 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 to conduct an in-house inquiry into the allegations against Justice Varma. The panel has already commenced its probe by visiting Justice Varma’s residence on Tuesday.

Meanwhile, almost four months after the Supreme Court Collegium recommended repatriation of Justice CD Singh of the Delhi High Court to the Allahabad High Court, the Centre on Friday also notified his transfer to his parent high court.

Justice Arindam Sinha of the Orissa High Court has also been transferred to the Allahabad High Court. On Thursday, the Collegium had recommended the transfer of Justice Dinesh Kumar Sharma of the Delhi High Court to the Calcutta High Court. The Centre is expected to notify it soon.

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