SC refuses to entertain plea for FIR, probe against former HC judge Yashwant Varma
The Supreme Court on Friday refused to entertain a plea seeking registration of an FIR and court-monitored probe into the purported discovery of a huge stash of cash following a fire at the residence of former Allahabad High Court judge Yashwant Varma.
A bench of Justices PS Narasimha and Alok Aradhe dismissed the petition filed by advocate Ghanshyam Upadhyay, who contended that mere resigning from office does not erase criminal liability for unaccounted money.
The bench said earlier also a similar petition was dismissed. Upadhyay submitted that the earlier petition was dismissed on a technical ground that no complaint was filed, but in this case, he has filed a complaint.
Justice Narasimha told him, “You are an advocate. This is just a misuse of the judicial process. All for cheap publicity. We are not inclined to entertain this. Dismissed.”
Upadhyay said there is no reason for not entertaining the petition as a judge of the High Court has been held to be a public servant. “Now he is retired also. There is no immunity from prosecution,” he submitted.
The top court, however, refused to entertain the petition and dismissed it. On April 9, Varma, who was facing impeachment proceedings for his removal over allegations of corruption after wads of burnt currency notes were recovered from his residence in Delhi last year, resigned.
The rare removal proceedings initiated by the Lok Sabha against Justice Varma was rendered “infructuous” following his resignation with immediate effect. The judge submitted his resignation in a letter sent to President Droupadi Murmu. To avoid removal by Parliament, a resignation was the only option left for the judge, who withdrew from the ongoing inquiry proceedings by a Lok Sabha-appointed panel. The judge was due to superannuate on January 5, 2031.
The purported discovery of a huge stash of cash took place after a fire broke out at the Lutyens’ Delhi residence of Justice Varma, then a Delhi High Court judge, at around 11:35 pm on the night of Holi on March 14, 2025, prompting the fire department personnel to rush to the spot and douse the flames.
