Senior Advocate criticises lack of transparency in SC Collegium's decision

New Delhi [India], March 22 (ANI): On the Supreme Court Collegium's recommendation to transfer Justice Yashwant Varma from Delhi High Court to his parent High Court in Allahabad, senior advocate Indira Jaising raised concerns over the lack of transparency surrounding the decision. The transfer comes after an alleged adverse report against the judge.
Speaking on the matter to ANI, Jaising said, "I think it's unfair and improper to make comments based on insufficient information. So, I would prefer to request the Commission to be transparent and to publish information relating to this particular incident. In particular, the circumstances under which the money was recovered."
She further emphasised the importance of transparency, stating, "The reason why I think this information should be made public is because everyone has a right to have their point of view in the public domain. And now all that we have is speculation."
Jaising also pointed out the legal framework regarding judicial accountability, stating, "Of course, the law is that a judge is not immune from prosecution under the Prevention of Corruption Act. The only gateway is that you need the sanction of the Chief Justice of India."
The Supreme Court on Friday had issued a statement saying that on receiving the information, the Chief Justice of Delhi High Court commenced the in-house enquiry procedure collecting evidence and information regarding allegations against Justice Yashwant Varma and a report will submitted to the Chief Justice of India on March 21.
Chief Justice of Delhi High Court had commenced his enquiry on the allegations against Justice Varma prior to the Supreme Court Collegium meeting on March 20, said the press release of the apex court.
"The report will be examined and processed for further and necessary action," stated the statement.
"There is misinformation and rumours being spread with regard to the incident at the residence of Justice Yashwant Varma," it further added.
Hours after controversy broke out over the alleged recovery of stash of cash from the residence of Justice Varma, the Supreme Court denied that his transfer was recommended by its Collegium.
Proposal to transfer Justice Varma, was sent to the Supreme Court Collegium by the High Court Chief Justice and the Collegium sought response from consultee judges of Supreme Court, High Courts of Delhi and Allahabad and Justice Varma, said the Supreme Court.
Collegium will examine the response and, thereupon, it will pass a resolution on transfer of Justice Varma, it said.
Supreme Court even said that the transfer and the in-house probe are independent of each other.
"The proposal for transfer of Justice Yashwant Varma, who is the second senior most Judge in the Delhi High Court and a member of the Collegium, to his parent High Court i.e. the High Court of Judicature at Allahabad, where he will be ninth in seniority, is independent and separate from the in-house enquiry procedure. Moreover, the reported incident has happened in Delhi," the statement said.
It further added, "The proposal was examined by the Collegium comprising the Chief Justice of India and four senior most Judges of the Supreme Court on March 20, 2025, and thereafter letters were written to the consultee Judges of the Supreme Court, the Chief Justices of the High Courts concerned and Justice Yashwant Varma. Responses received will be examined and, thereupon, the Collegium will pass a resolution."
The in-house inquiry has been initiated against Justice Varma following a controversy over the alleged recovery of a stash of cash from his official residence in Delhi.
ANI had earlier reported that after the preliminary inquiry or in-house probe, Delhi High Court Chief Justice Devendra Kumar Upadhyaya will submit the report to the Supreme Court Collegium.
The sources in the Supreme Court also told the ANI that follow-up action "if and as required" will be taken by Supreme Court Collegium against Justice Varma.
As per the media reports, a fire at the judge's house had inadvertently led to the recovery of cash by the firefighter.
Media reports said the cash was found initially by fire tenders when a fire broke out in the judge's residence on March 14. The judge was not present at his house.
In the Delhi High Court, members of the Bar brought up the issue before High Court Chief Justice Devendra Upadhyaya and requested him to take action, the Chief Justice replied that judges are aware of the issue. (ANI)