Bombay Lawyers Association Urges CJI BR Gavai To Grant Sanction To Lodge FIR Against Justice Yashwant Varma

The Bombay Lawyers Association (BLA) has written a letter to the Chief Justice of India (CJI) Bhushan Gavai requesting him to grant sanction to register a First Information Report (FIR) against Justice Yeshwant Verma of the Allahabad High Court, who has been in the news after a pile of 'unauthorised currency' was found at his official residence in Delhi. In the letter signed by Advocate Ahmed Abdi, the president of BLA, the CJI has been urged to grant sanction in accordance to the law laid down by the Supreme Court in the K. Veeraswami v. Union of India, which mandates a prior sanction from the CJI before registering a criminal case against a sitting judge of a High Court or the Supreme Court."The Applicant is seeking your sanction to initiate criminal prosecution, including the registration of an FIR against Justice Yashwant Varma, a sitting Judge of the Allahabad High Court, under the relevant provisions of the Prevention of Corruption Act, 1988, and the Bharatiya Nyaya Sanhita, 2023, in connection with the alleged recovery of unaccounted cash from his official residence," the eight page letter states. The letter pointed out that as per the K. Veeraswami judgment, the judges of the High Courts and Supreme Court are “public servants” under the Prevention of Corruption Act, 1988, and are liable for prosecution for offences such as possession of disproportionate assets. "However, to safeguard judicial independence and protect judges from frivolous or biased prosecution, the Court mandated that no criminal case under Section 154 of the Code of Criminal Procedure, 1973 (or equivalent provisions under the Bharatiya Nagarik Suraksha Sanhita, 2023), shall be registered against a sitting judge without prior consultation with the Chief Justice of India. The CJI's opinion is to be given due regard by the Government, and if the CJI deems the case unfit for prosecution, no FIR shall be registered. The judgment further clarified that the President of India is the competent authority to grant sanction for prosecution under the Prevention of Corruption Act, but such sanction must be based on the advice of the CJI," it is stated.According to BLA, the recovery of such cash, partially burnt and allegedly removed clandestinely, constitutes a cognizable offence under provisions of the Prevention of Corruption Act, 1988 (e.g., Section 13(1)(e) for possession of disproportionate assets) and the Bharatiya Nyaya Sanhita, 2023."The allegations, supported by photographic and video evidence shared by the Delhi Police Commissioner, have raised serious concerns about judicial probity and public trust in the judiciary. The failure to register an FIR, despite the inquiry committee's findings, risks undermining the principle of equality before the law and the credibility of the judicial institution," the BLA has contended. Therefore, the BLA has urged the CJI to:Grant sanction for the registration of a First Information Report (FIR) against Hon'ble Mr. Justice Yashwant Varma under the relevant provisions of the Prevention of Corruption Act, 1988, and the Bharatiya Nyaya Sanhita, 2023, in connection with the alleged recovery of unaccounted cash from his official residence on March 14, 2025.Direct the appropriate authorities, including the Delhi Police or the Central Bureau of Investigation to preserve all relevant evidence, including the partially burnt currency notes, photographs, and video recordings.Give a copy of in-house inquiry committee report as forwarded to the Prime Minister and the President to enable the filing of the complaint.On May 8, the then Chief Justice of India, Sanjiv Khanna, had forwarded the report submitted by the in-house inquiry committee to the President and the Prime Minister for further action.It was on March 22 that CJI constituted the committee comprising Justices Sheel Nagu (CJ of P&H HC), Justice GS Sandhawalia (CJ of HP HC) and Justice Anu Sivaraman (Judge of Karnataka HC) , after reports emerged regarding the accidental discovery of a huge stash of cash from a store-room at the out-house of Justice Varma's official residence during a firefighting operation. At the time, Justice Varma was a sitting judge of the Delhi High Court. After the controversy, Justice Varma was transferred to the Allahabad High Court, his parent High Court. Judicial work has been withdrawn from Justice Varma as per the instructions of the CJI.While the preliminary report of the Delhi High Court Chief Justice and the response of Justice Varma, along with the photos and videos taken by the Delhi Police, were publicised by uploading them on the Supreme Court's website, the final iquiry report was not made public.Click Here To Read/Download The Letter

Bombay Lawyers Association Urges CJI BR Gavai To Grant Sanction To Lodge FIR Against Justice Yashwant Varma

Narsi Benwal

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