Supreme Court Refuses to Share Inquiry Report on Justice Yashwant Varma Under RTI

 

Supreme Court Refuses to Share Inquiry Report on Justice Yashwant Varma Under RTI

New Delhi, May 26, 2025 — The Supreme Court of India has declined to make public the report of the in-house inquiry committee investigating the alleged recovery of unaccounted cash from the residence of Justice Yashwant Varma in Delhi. The rejection came in response to a Right to Information (RTI) application filed by Maharashtra-based advocate Amritpal Singh Khalsa.

The application, submitted on May 9, 2025, sought the inquiry report and a copy of communication sent by then Chief Justice of India Sanjiv Khanna to the President and Prime Minister, recommending Justice Varma’s removal.

CPIO Cites SC Judgment to Withhold Information

On May 21, Himani Sarad, the Central Public Information Officer (CPIO) of the Supreme Court, denied the request, citing restrictions laid down in the Supreme Court’s landmark judgment in Subhash Chandra Agarwal vs. Supreme Court of India (2019).

According to the CPIO's reply:

“The information cannot be provided in view of tests outlined by the Hon’ble Supreme Court... viz. independence of judiciary, proportionality test, fiduciary relationship, invasion of the right to privacy and breach of duty of confidentiality under Sections 8(1)(e) and 11(1) of the RTI Act, 2005.”

Background: Fire Incident and Cash Recovery

The controversy erupted after a fire at Justice Varma’s official residence in Delhi on March 14, during which firefighters allegedly found bundles of unaccounted cash. A viral video showed currency notes burning in the blaze.

Justice Varma and his wife were not in Delhi at the time—they were reportedly in Madhya Pradesh. His daughter and aged mother were at home during the incident.

Justice Varma denied the allegations, calling it a conspiracy to frame him.

In-House Inquiry and Report Submission

CJI Sanjiv Khanna ordered an in-house inquiry on March 22. The three-member inquiry panel included:

• Chief Justice Sheel Nagu (Punjab & Haryana High Court)
• Chief Justice GS Sandhawalia (Himachal Pradesh High Court)
• Justice Anu Sivaraman (Karnataka High Court)

The panel began its probe on March 25 and submitted the report to the CJI on May 4.

CJI Khanna Recommends Removal

Sources suggest that post-inquiry, CJI Khanna advised Justice Varma to resign or face impeachment. Upon his refusal, the CJI forwarded the report and Justice Varma’s reply to the President of India and the Prime Minister, recommending removal under Article 217 read with Article 124(4) of the Constitution.

Justice Varma has since been repatriated to his parent High Court, and his judicial work has been withdrawn, pending further action.

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