The Allahabad High Court Bar Association has announced an indefinite strike starting from March 25, 2025, opposing the transfer of Justice Yashwant Varma to his parent court amid the cash discovery controversy. The Bar Association, led by President Anil Tiwari, strongly criticised the Supreme Court collegium’s recommendation to transfer Justice Varma, asserting that such a move would undermine public faith in the judiciary.

The Bar Body further demanded that “all judgments delivered by Justice Yashwant Varma during his tenure at the Allahabad and Delhi High Courts should be reviewed to restore public confidence.” They also insisted on filing an FIR and called for a comprehensive investigation by the CBI, ED, and other agencies into the allegations surrounding Justice Varma.

What Led to the Controversy?

The controversy erupted following a fire incident at Justice Yashwant Varma’s Lutyens Delhi residence on March 14, 2025, at around 11:35 pm. While firefighters successfully extinguished the flames, subsequent investigations allegedly led to the discovery of large sums of cash at the judge’s residence. This incident raised serious questions about Justice Varma’s conduct, prompting the Supreme Court collegium, led by Chief Justice of India Sanjiv Khanna, to take swift action.

Collegium’s Directive: Transfer and Judicial Suspension

On Monday, March 24, 2025, the Supreme Court collegium, after considering the gravity of the situation, recommended Justice Varma’s transfer to his parent Allahabad High Court. The collegium also issued directives to withdraw his judicial duties, pending further investigation. The Delhi High Court subsequently enforced the collegium’s decision, intensifying calls for scrutiny and transparency in the handling of the matter.

Allahabad HC Bar Association’s Strong Opposition

In response to the collegium’s decision, the Allahabad High Court Bar Association expressed its strong opposition to Justice Varma’s transfer. The Bar Body passed a series of resolutions emphasising the need for accountability and transparency in the judicial system.

Bar Association President Anil Tiwari conveyed the association’s stance, stating:
“The High Court Bar Association opposes any proposed transfer of Justice Yashwant Varma to the Allahabad High Court, its Lucknow bench, or any other High Court. We firmly believe that Justice Varma must face scrutiny to regain public faith in the judiciary.”

Call for CBI and ED Investigation

The Bar Association also called for an immediate FIR to be filed against Justice Varma, demanding a thorough probe by the CBI, ED, and other agencies. The association stressed that “the law should be equally applied to all offenders, regardless of their position or influence.”

In its statement, the Bar Body urged the Chief Justice of India (CJI) to “immediately recommend impeachment proceedings against Justice Varma. They also advocated for reforms to make the impeachment process quicker, easier, and more transparent by incorporating members of civil society.

Bar Association’s Key Demands

1. Impeachment Proceedings: Immediate recommendation for impeachment of Justice Yashwant Varma.

2. FIR and Probe: Registration of an FIR and full-scale investigation by CBI, ED, and other agencies.

3. Judicial Review of Past Judgments: A thorough review of all judgments delivered by Justice Varma during his tenure at the Delhi and Allahabad High Courts.

Judicial Integrity at Stake: Need for Transparency

The Bar Association underscored that judicial integrity is at stake, and public trust in the system can only be restored through transparent and impartial proceedings. “Our faith in the judiciary remains intact, but we must ensure that no one is above the law. Justice Yashwant Varma’s actions, if proven guilty, would severely erode public confidence in the judicial system,” the statement read.

Impeachment Process: Bar Association Calls for Reforms

The Bar Association highlighted the need for improving the impeachment process by incorporating members of civil society to ensure transparency and accountability. They argued that the current system is time-consuming and cumbersome, making it difficult to remove errant judges effectively.

Supreme Court’s Responsibility: Ensuring Fair Probe

The Bar Association emphasised that the Supreme Court must ensure a fair and transparent probe into the allegations against Justice Varma. They expressed hope that the Collegium’s directives will be followed through with utmost seriousness and that the law will be applied equally to those in positions of power.

Political and Legal Fallout

• Judicial Scrutiny: The controversy surrounding Justice Varma has brought judicial accountability under the spotlight. Legal experts believe that the outcome of this case could have far-reaching implications for the independence and integrity of India’s judiciary.

• Public Perception: The case has polarised public opinion, with some calling for strict action against Justice Varma, while others fear that the controversy could be used to target judicial independence.

• Political Repercussions: The incident has also ignited a political debate over the transparency and functioning of India’s judiciary.

Possible Outcomes of the Controversy

1. Justice Varma’s Transfer: If the Supreme Court collegium’s recommendation is implemented, Justice Varma will be transferred to the Allahabad High Court.

2. Judicial Inquiry and Investigation: The Bar Association’s demand for an FIR and a CBI/ED probe could lead to criminal proceedings if allegations are substantiated.

3. Impeachment Proceedings: If the CJI recommends impeachment, Parliament will have to initiate proceedings for Justice Varma’s removal.

Public Reaction: Calls for Judicial Accountability

The public reaction to the controversy has been mixed, with many calling for greater judicial accountability while others express concern over potential political interference in the judiciary. Civil society organisations have also voiced their support for a transparent investigation to maintain the integrity of India’s legal system.

As the legal and political drama unfolds, all eyes remain on the Supreme Court’s next move and whether the demands of the Allahabad High Court Bar Association will be addressed. The developments surrounding Justice Varma’s case are likely to set a precedent for judicial accountability and reform in India’s judicial system.

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