Justice Yashwant Varma Case | Videos, Photos Shouldn't Have Been Published, But In-House Inquiry Not Vitiated: Supreme Court

While upholding the overall sanctity of the in-house procedure, the Supreme Court has stated that the video and pictures of cash at Justice Yashwant Varma's official residence should not have been published on the Court's website. To that extent, the Court has said that there is nothing contemplated in the in-house procedure that the incriminating evidence should be published in the public domain. Nevertheless, it held that since Justice Varma did not raise this issue at the first instance, it would be deemed acquiescence on his part. A bench comprising Justice Dipankar Datta and Justice AG Masih said: "Uploading of the photographs/video footage, according to the Petitioner, caused him immense harm. Not only did it lower his reputation, he was convicted in the public eye without even a preliminary inquiry. It could be so. However, what baffles us is the conduct of the Petitioner to acquiesce to such uploading, participate in the inquiry without demur, and to question such uploading only after the COMMITTEE submitted its report to the CJI recording that there was sufficient substance in the allegations.The argument of Mr. Sibal that such uploading has had the effect of vitiating the enquiry is untenable. Though uploading of incriminating evidence available against a Judge under probe in the public domain is not a step which the PROCEDURE requires and while such uploading may not be considered to be proper, it is indeed a fait accompli. No benefit can be claimed because of such uploading of the incriminating evidence at this stage, once in a duly constituted inquiry findings have been recorded as regards the failures/omissions of the Petitioner to abide by the Restatement of Values of Judicial Life."Today, the Supreme Court dismissed the writ petition filed by Justice Varma challenging the in-house inquiry report, which indicted him in the case-at-home scandal, as well as the then Chief Justice of India Sanjiv Khanna's recommendation made to the President and the Prime Minister for Justice Varma's removal.On March 23, the Supreme Court uploaded on its website the reports and documents, including photos and video, with respect to the allegations of the discovery of unaccounted currencies at the outhouse in the residential premises of Justice Varma. The inquiry report of the Delhi High Court Chief Justice and the response of Justice Varma have been made public.It publicised the videos and photographs shared by the Delhi Police regarding the firefighting operation in Justice Varma's residence on March 14, when he was not present in his home.Also from the judgment- CJI Has Authority To Recommend Removal Of Judge While Forwarding In-House Inquiry Report To President & PM : Supreme CourtCase Details: XXX v THE UNION OF INDIA AND ORS|W.P.(C) No. 699/2025Citation : 2025 LiveLaw (SC) 782Appearance: Senior Advocates Kapil Sibal, Mukul Rohatgi, Rakesh Dwivedi and Sidharth Luthra and Advocates George Pothan Poothicote, Manisha Singh, amongst others also appeared for Justice VermaClick Here To Read/Download Judgment

Justice Yashwant Varma Case | Videos, Photos Shouldn't Have Been Published, But In-House Inquiry Not Vitiated: Supreme Court

Gursimran Kaur Bakshi

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