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Cash Found In Delhi High Court Judge's Home, Supreme Court Collegium Acts

Sources said the Chief Justice of India took a very serious view of the discovery of the cash and the five-member Collegium concurred, agreeing unanimously on Justice Varma's transfer back to Allahabad.

New Delhi:

Delhi High Court judge Justice Yashwant Varma is at the centre of ad growing controversy after a pile of unaccounted cash was found in his official bungalow in Delhi last week, during the Holi break.

Summoned by Supreme Court Chief Justice Sanjiv Khanna, the Collegium has decided Justice Varma will be transferred to his parent court - the Allahabad High Court - amid concerns discovery of the cash will impact the standing of the judiciary in the eyes of the people. The top court has also initiated a preliminary inquiry into the judge, declaring that the transfer is not "the final step" in this matter.

The money was discovered after a fire broke out in the building and family members of the judge - who was not in the city at the time - called emergency services, who then called the police.

On being informed of the matter as it travelled up through official channels, the Collegium, headed by Chief Justice Sanjiv Khanna decided to transfer Justice Varma.

Justice Varma has not yet responded to the recovery of the cash and, according to news agency PTI, did not hold court today. Sources told PTI he had gone "on leave".

READ | Who Is Delhi Judge Yashwant Varma, At Centre Of Cash-In-Home Row

Sources said the Chief Justice took a very serious view of the discovery of the cash and the five-member Collegium concurred, agreeing unanimously on Justice Varma's transfer.

But sources also said some members felt stricter action was required to avoid tarnishing the reputation of the judiciary, which would have serious consequences on its ability to deliver justice to the people.

There was, therefore, also talk of Justice Varma being asked to resign.

Should he refuse to do so, some of the Collegium felt, an internal inquiry could be initiated by the Chief Justice; this would be the first step in his being removed by Parliament.

'Everyone Demoralised': Delhi Chief Justice

Delhi High Court Chief Justice DK Upadhyaya, responding to senior advocate Arun Bhardwaj mentioning this matter in court, admitted that everyone had been left "shaken" by the incident.

READ | "Demoralised": Delhi Chief Justice On Cash Found In Judge's Home

"Today's incident has pained many of us. Please take some steps on the administrative side so these incidents do not happen in future and the judicial system is maintained..." Mr Bhardwaj said.

How Can High Court Judges Be Removed?

In 1999 the Supreme Court laid down guidelines to deal with allegations of corruption, wrongdoing, and judicial irregularity against judges of the Constitutional Court.

According to these guidelines, on receiving a complaint the Chief Justice will first seek a reply from the judge concerned. If he is dissatisfied with the answer, or believes the matter requires further investigation, he will form an internal committee.

This committee will consist of one Supreme Court judge and two High Court Chief Justices.

After the committee submits a report and if the Chief Justice is then of the opinion that the alleged misconduct is of a grave nature requiring removal, he will ask the judge to resign.

If the judge were to refuse, the Chief Justice will then write to the government to initiate proceedings for his/her removal by Parliament, under Article 124(4) of the Constitution.

'Action Needed': Kapil Sibal

Meanwhile, senior advocate and Rajya Sabha MP Kapil Sibal has urged the Supreme Court to "start looking at how the appointment process (to nominate judges) takes place".

"The issue of corruption within the judiciary is very serious... this is not something articulated by senior councils and lawyers for the first time. It has been going on for years," he said in a video statement.

"The appointment process should be more transparent and carefully done...Corruption is a very serious issue and, despite what Prime Minister Narendra Modi has said, corruption has increased..."

With input from agencies

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