Justice Yashwant Varma Case : Supreme Court Agrees Videos Shouldn't Have Been Released; But Asks How It Impacts Proceedings

The Supreme Court on Wednesday (July 30) agreed with Senior Advocate Kapil Sibal's contention that the videos showing currencies burning in the fire at the outhouse of Justice Yashwant Varma's official residence should not have been published when the in-house inquiry was pending.

At the same time, the Court observed that the procedure cannot be held to be vitiated merely because of the publication of the videos. The impeachment proceedings will be held independently in the Parliament, without reference to the in-house report, the bench pointed out.  The Court also asked why Justice Varma did not approach the Court earlier seeking the removal of the videos.

A bench comprising Justice Dipankar Datta and Justice AG Masih made these observations while reserving judgment on Justice Varma's writ petition challenging the in-house inquiry report, which indicted him in the cash-at-home scandal, as well as the recommendation made by the then Chief Justice of India Sanjiv Khanna, for his removal.

During the hearing, Senior Advocate Kapil Sibal, for Justice Varma, submitted that the "tapes were leaked", resulting in gross prejudice and loss of reputation to the Judge. The Supreme Court, on the date it constituted the in-house judges' panel, had uploaded on its website the pictures and videos taken by the Delhi police and the fire brigade which showed the presence of cash notes.

"Tape was released. It was already released, my reputation already damaged. What would I come to Court for?," Sibal said, responding to the bench's query, why Justice Varma did not approach the Court earlier before the inquiry commenced.

Justice Datta said: "We are with you on this for the time being. It should not have been done [released]."

But then he added: "What turns on it? That you will have to show. It does not mean that there has been some lapse in the procedure, which affects the powers of the Parliament to take action against you, because Parliament, I need not to say with any emphasis, it has its own powers. Parliament is not supposed to be guided by what judiciary says or what CJI recommends. They are supposed to act independently and if, at all, Parliament admits the motion and if an inquiry committee is set up, you know who can be the members of the committee. Do you think those members, people of high calibre, would be influenced by preliminary report where you will have whole opportunity to demolish what are the findings there. Or would it be a submission that this tape put on the website means everything has been vitiated..."

Sibal responded that it is because of this tape, Justice Varma has been held guilty in the public perception. Since the videos are uploaded on the Court's website, the people will attach more credibility to them. But Justice Datta questioned why was this issue not raised then and there. He said: "The tape was put on the website, thereafter you had the opportunity before the Committee to raise your effective defence. An opportunity as confined to the procedure was given."

Later, Justice Datta added that the conduct of the Judge does not inspire confidence, as he was questioning the validity of the proceedings after fully participating in it.

Case Details: XXX v THE UNION OF INDIA AND ORS|W.P.(C) No. 699/2025

Appearance: Senior Advocates Kapil Sibal, Mukul Rohatgi, ⁠Rakesh Dwivedi and Sidharth Luthra and ⁠Advocates George Pothan Poothicote, Manisha Singh, amongst others also appeared for Justice Verma