'Unacceptable': Allahabad High Court Bar Association (HCBA) Condemns 'Clandestine' Swearing-In Of Justice Yashwant Varma

Terming the entire process as 'clandestine' and his oath as 'fallacious and unacceptable', the Bar Association, in a letter to the Chief Justice of the High Court, expressed its dismay that Justice Verma was sworn in "behind its back" and that the legal fraternity was kept 'uninformed', which, it claimed, "may erode their confidence in this institution."

The letter also urges the Chief Justice to 'protect' the fundamental values and 'follow' the traditions of the institution.

“Just to recapitulate, after finding prima facie credible evidence against Justice Yashwant Verma, an In House enquiry has been setup & we are given to understand that the same is being conducted on a war footing so as to ensure that evidence is not tempered or destroyed. Justice must not only be done, it should also seems to be done. Administration of Oath to a judge is a quintessential event in our judicial system. Lawyers being equal stake holders in the institution, cannot be kept away. The High Court Bar Association passed a resolution saying therein that this oath is against the Constitution of India and therefore, the members of the Association do not want to be associated with unconstitutional oath. What we resolved, we spoke openly and not only this, we also sent copy of resolutions to everybody including your lordship. Thus, we failed to understand as to what is the "clandestine" in this oath. We are given to understand that the system is taking every step in fair and transparent manner, but why this oath is not notified to the Bar, is a question which again eroded the trust of people in the judicial system. We unequivocally condemn the manner in which Justice Yashwant Verma was administered oath behind our backs,” the bar's body's letter reads.

Unlike the usual public oath-taking ceremonies organized for judges, where the event is often attended by various dignitaries and made a formal occasion, Justice Varma today took his oath in a private setting, within the chamber.

The Central Government notified his repatriation from Delhi to the Allahabad High Court on March 28, based on the Supreme Court Collegium's recommendations made on March 24.

Justice Varma is facing an in-house inquiry by a 3-judge panel constituted by the Chief Justice of India over the allegations regarding the discovery of illicit cash currencies at his official premises.

It is significant to note that the transfer order had come despite the protests of the Allahabad High Court Bar Association. Justice Varma, who originally belonged to the Allahabad High Court, was transferred to the Delhi High Court in 2021.

Justice Varma became a centre of controversy on March 21 after the publication of news reports that a fire at a storeroom in the outhouse of his official bungalow led to the discovery of sacks of cash currencies.

On March 22, the CJI, Justice Sanjiv Khanna, constituted a 3-member committee to conduct an inquiry into the allegations against Justice Varma, as part of the in-house procedure.

This was followed by the Supreme Court making the video of fire dousing, the report of the Delhi High Court Chief Justice and Justice Varma's response public on its official website. Justice Varma has denied possession of cash and claimed it to be a conspiracy against him.

On March 24, the Delhi High Court withdrew judicial work from Justice Varma in pursuance of directions from the Apex Court.

A Public Interest Litigation (PIL) plea has been filed in the Allahabad High Court seeking a directive to the Chief Justice of the High Court to refrain from administering the oath of office to Judge Yashwant Varma.