FIR can now be filed against Justice Varma: legal experts

An FIR can be lodged against Allahabad High Court judge Justice Yashwant Varma, legal experts said on Wednesday, August 12, after a panel constituted by the Lok Sabha Speaker found him guilty of allegations related to the discovery of cash at his official residence last year.

Some experts, however, believe the impeachment process has "worked itself out" since Justice Varma has already resigned.

Earlier in the day, the panel submitted its report holding Justice Varma guilty, stating that the charges of unexplained cash, disturbed evidence and evasive explanation against him "are proved."

Senior advocate and constitutional law expert Rakesh Dwivedi said the Supreme Court's earlier dismissal of petitions seeking an FIR against Justice Varma would not affect any fresh action now.

"Now the report has been tabled in Parliament and he has already resigned, so he can't be removed. So, the impeachment motion has worked itself out. It, in my view, has become infructuous but on the basis of the report any FIR can certainly be registered," he said.

Senior advocate and Supreme Court Bar Association president Vikas Singh said that, in his view, since the resignation has not yet been accepted, Justice Varma can still be impeached. "In case of resignation, he will have the right to receive pension.

Whereas if he is impeached, he will not receive pensionary benefits. And, secondly, if the probe committee has said that an FIR should be registered, then I am sure an FIR has to be registered," he said, asserting that an FIR should be filed.

Noted constitutional expert and senior advocate Rajeev Dhawan said the question of impeachment does not arise since Justice Varma has already resigned. "In my view, Parliament has lost its jurisdiction.

As far as the FIR is concerned, the parliamentary proceedings do not get in the way. When he was a judge, it was necessary to take the nod of the Chief Justice of India as he had immunity as a judge. But that immunity has now gone. It is unfortunate that he has resigned, there should be a proper investigation in the matter and that is only possible with criminal proceedings," he said.

Senior advocate Gopal Sankaranarayanan disagreed, saying he does not believe an FIR can be registered against Justice Varma based on the panel's report.

"The panel appears to have placed the entire onus on Justice Varma to explain where the money came from. If all occupants of the one-acre bungalows in Lutyens Delhi were asked to explain everything found in their outhouses, I daresay you will have a few hundred FIRs to register," he said.

Senior advocate and Allahabad High Court Bar Association president Anil Tiwari said an FIR can be lodged now. "The immunity to judges offered them freedom to function properly within their judicial powers but did not allow you to keep this much money at your home.

He has already resigned, the government should now proceed and the law ministry should take initiative in the matter and lodge an FIR. There should be a prosecution in the case. He is a result of the collegium system and this incident also raises questions on the collegium system as well," he said.

Senior advocate Anil Soni said Justice Varma is no longer a judge, and an FIR should be lodged against him with a thorough probe into the matter.

In its report, submitted in both houses of Parliament on Wednesday, the three-member committee constituted under the Judges (Inquiry) Act said the former Delhi High Court judge failed to furnish a satisfactory explanation for the presence, source or ownership of cash found in the store room of his official residence. The panel also said material evidence was not secured or preserved, and that the evidentiary condition of the storeroom was disturbed before it was lawfully sealed and inspected.

Varma, who was facing impeachment proceedings over allegations of corruption after wads of burnt currency notes were recovered from his residence in Delhi last year, resigned on April 9.

The rare removal proceedings initiated by the Lok Sabha against him were rendered "infructuous" following his resignation with immediate effect, submitted in a letter to President Droupadi Murmu.

To avoid removal by Parliament, resignation was the only option left for the judge, who withdrew from the ongoing inquiry proceedings by the Lok Sabha-appointed panel. He was due to retire on January 5, 2031.

The purported discovery of a large stash of cash took place after a fire broke out at Justice Varma's Lutyens' Delhi residence, when he was still a Delhi High Court judge, around 11:35 pm on the night of Holi on March 14, 2025, prompting fire department personnel to rush to the spot and douse the flames.