Mumbai: The Bombay Lawyers Association (BLA) has urged Chief Justice of India B.R. Gavai to grant sanction for the prosecution of Justice Yashwant Varma, currently posted at the Allahabad High Court, following the alleged recovery of unaccounted cash from his official residence in Delhi earlier this year.
In a letter dated June 2, signed by BLA president Ahmad M. Abdi and secretary Eknath R. Dhokale, the association cited the Supreme Court’s May 21 dismissal of a PIL in the matter, calling it “premature” and directing petitioners to approach appropriate authorities.
The BLA has now formally sought permission to initiate criminal prosecution, including registration of an FIR, against the judge under the Prevention of Corruption Act, 1988, and the Bharatiya Nyaya Sanhita, 2023.
“It needs to be kept in mind that litigants and other lay persons are active stakeholders in the legal process,” the BLA wrote. “The applicant is seeking your sanction to initiate criminal prosecution… against Justice Yashwant Varma… in connection with the alleged recovery of unaccounted cash from his official residence.”
The letter invoked the 1991 K Veeraswami ruling, which bars criminal cases against sitting High Court or Supreme Court judges without prior approval from the Chief Justice of India. The ruling also recognises such judges as “public servants” under the Prevention of Corruption Act, making them liable for prosecution for offenses such as possessing disproportionate assets.
The BLA pointed to an internal inquiry report and photographic and video evidence reportedly shared by the Delhi Police Commissioner, describing the incident as one that “raised serious concerns about judicial probity and public trust.” It warned that failure to act despite the findings would “risk undermining the principle of equality before the law.”
The association has also asked that authorities—including Delhi Police or the CBI—be directed to preserve all key evidence, such as burnt currency notes, photographs, and video footage. Additionally, it sought a copy of the in-house inquiry committee’s report to support its complaint.
The controversy began after a fire broke out at Justice Varma’s official Lutyens’ Delhi residence on March 14, where large amounts of cash were allegedly found. At the time, he was a judge of the Delhi High Court.
Following the incident, judicial work was withdrawn from him, and on March 24, the Supreme Court collegium recommended his repatriation to his parent High Court in Allahabad. On March 28, the CJI directed that no judicial work be assigned to him.
A three-member Supreme Court-appointed panel—comprising Punjab and Haryana Chief Justice Sheel Nagu, Himachal Pradesh Chief Justice G S Sandhawalia, and Karnataka High Court’s Justice Anu Sivaraman—investigated the matter.
The committee interviewed over 50 individuals, including Delhi Police Commissioner Sanjay Arora and Delhi Fire Services Chief, before submitting its report on May 3. Sources said the report confirmed the cash discovery.
Justice Varma denied the allegations in his response dated May 6, but the in-house procedure led the then CJI Sanjiv Khanna to write to President Droupadi Murmu and Prime Minister Narendra Modi, forwarding both the report and the judge’s response, and reportedly advising the judge to resign.
