The Supreme Court on Thursday dismissed a petition filed by Justice Yashwant Varma, who challenged the findings of an in-house inquiry committee that had recommended his removal. The panel had been formed after a large amount of cash was found at the judge’s house in Delhi earlier this year.

This verdict by the apex court now clears the way for Parliament to move forward with impeachment proceedings against Justice Varma. He had also challenged the former Chief Justice of India's (CJI) recommendation to the President of India for his removal.

A bench of Justices Dipankar Datta and AG Masih delivered the ruling, saying that the in-house inquiry and the committee’s formation were legally valid.

'No violation of fundamental rights', says Supreme Court

The Supreme Court stated clearly that no fundamental rights of the judge were violated during the in-house inquiry process. "The CJI and the in-house committee scrupulously followed the process except for uploading photos and videos, and we have said it was not required. But nothing turned on it because you did not challenge it then," the court observed.

The bench also noted that the CJI’s action of writing to the Prime Minister and the President was not unconstitutional. "We have held that the CJI sending a letter to the Prime Minister and President was not unconstitutional. We have made certain observations where we have kept it open for you to raise proceedings if needed in the future," the court added.

Justice Varma had filed the petition under an anonymous name (XXX), saying that the committee was formed without a proper complaint and the inquiry was based only on assumptions. He also argued that he was not given a chance to be heard before the report was sent to the President.

However, the court rejected this claim and said, "Doing so was not a requirement as per the procedure."

Cash found after fire at judge’s residence

On March 14, a fire broke out at Justice Varma’s official residence in Delhi. While he was not home at the time, firefighters found huge stacks of cash—some up to 1.5 feet high—in one of the rooms. The in-house inquiry later found "sufficient substance" in the charges and said the judge and his family had control over the room where the money was found.

The Supreme Court then transferred Justice Varma from the Delhi High Court to the Allahabad High Court and removed all judicial responsibilities from him.

During the hearing, senior lawyer Kapil Sibal, appearing for the judge, argued that the in-house panel could not recommend removal, and doing so would create a system outside the Constitution.

But the court responded, "We have said that the procedure has legal sanction. We have also held that it is not a parallel and extra-constitutional mechanism."

With the Supreme Court now rejecting the petition, Parliament can proceed with the impeachment process against the judge.

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