New Delhi: An FIR can be lodged against Allahabad High Court judge Justice Yashwant Varma as he has been found guilty by a panel constituted by the Lok Sabha Speaker to probe allegations pertaining to the discovery of cash at his official residence last year, legal experts said on Wednesday.
Some experts, however, are of the view that the impeachment process has "worked itself out" as Justice Varma has tendered his resignation.
Earlier in the day, the panel submitted its report holding Justice Varma guilty and said the charges of unexplained cash, disturbing evidence and evasive explanation against him "are proved".
Senior advocate and constitutional law expert Rakesh Dwivedi said the dismissal of the petitions by the Supreme Court on registration of an FIR against Justice Varma will not have an impact if any fresh step is taken.
"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 in his view, since the resignation has not been accepted as of now, Justice Varma can 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, while asserting that in his view an FIR should be registered.
Noted constitutional expert and senior advocate Rajeev Dhawan said that the question of impeachment does not arise as he has already resigned from his post.
"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.
Commenting on the issue, senior advocate Gopal Sankaranarayanan said that he does not believe that based on the panel's report an FIR can be registered against Justice Varma.
"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 that 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.
Another senior advocate Anil Soni said that Justice Varma is no more a judge and an FIR should be lodged against him and the matter should be thoroughly probed.
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 on the presence, the source or the ownership of cash found in the store room of his official residence.
The panel also said that material evidence was not secured or preserved and the evidentiary condition of the storeroom was disturbed before the lawful sealing and inspection.
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 were 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, 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.
