Its rare to see a name of a sitting HC judge in an FIR but such was in the case of Yashwant Varma. He was allegedly a non-executive director in Simbhaoli Sugar Mills at that time. This was before his elevation as judge in the Allahabad High Court in 2013. Many banks including the Oriental Bank of Commerce (OBC) Hapur Branch, which issued loan to the amount of Rs 148.59 crore filed an FIR against the sugar mill as they alleged that the company had given false KYC information.
Not only that but the bank argued that the company diverted the loan it received towards other purposes which was meant to be given to farmers for agricutural activity.
The loan was for between Jan 2012 to March 2012 but was declared a Non Performing Asset in March 2015 and was declared fraud by June 2015.
When a fresh CBI investigation was ordered by Delhi High Court in 2013, it was found that only the OBC Bank approached the ED which lead to the seizure of some properties from the sugar mill.
CBI Investigation found that OBC bank had severely neglected many RBI guidelines and circulars and the court directed the CBI to investigate suspected bank officials who had colluded with the Simbhaoli Sugar Mills.
Despite severe allegations, no action was taken against Yashwant Varma or any other party named in the FIR. On the contrary, the Supreme Court later overturned the directive of the High Court (the CBI to resume investigation) and shut down the investigation.
Who is Yashwant Varma, the Delhi HC Judge ?
As per website of Delhi High Court, judge Yashwant Varma was born in Allahabad in 1969 and did his B.Com [Honours] degree course from Hansraj College Delhi University. After that he pursued LLB from Rewa University and got the degree in 1992. His practice as advocate started from 8th August 1992. His elevation to the post of permanent High Court Judge came in the year 2016 and was transferred to Delhi High Court in the year 2021. The salary of Justice Yashwant Varma is 2,25,000 lakhs per month alongside allowances.
Reactions and Rage for Cash Recovered at Justice Yashwant Varma Delhi House
Allahabad Bar Association has strongly condemned the CJI action of transferring Justice Yashwant Varma to parent court Allahabad High Court from Delhi High Court stating “court is not a trash bin”. Many people in legal fraternity believe that such an action is not a befitting punishment especially in a matter of grave accusation like in this case.
Justice M.N. Dhingra, former judge of the Delhi High Court, stated that corruption has long existed even within the judiciary. He added that top-tier officials are well aware of the issue but have consistently been reluctant to take strict action to eradicate or minimize it.
Prominent figures like Harish Salve opined of “Double Standards” in regards to the action being taken after the burnt cash was recovered. The Ex-solicitor general of India strongly questioned as to why the accused judge is allowed to function when the allegations are of such nature.
Former Attorney General Mukul Rohatgi opined that “A complete revamp of the entire system and the rules has to take place starting from the manner of appointment of the judge of the high court or of the Supreme Court.”
Conflicting Statements Related to Cash Recovery
People are raising doubts on the judiciary ever since news came out about the burnt cash to the amount of Rs 15 crores recovered from the house of Justice Yashwant Varma. Video have emerged from the store room where burnt cash can be seen. However, as per the report of Delhi Fire services, there was no mention of burnt cash that was recovered.
Atul Garg, the Chief of Delhi Fire Services however stated that he never mentioned that “Never Stated No cash Found”. On March 22rd, the Supreme Court released pictures from the video showing burnt cash being recovered, stating that the Photographs were shared by the Commissioner of Police, Delhi with the Chief Justice of the High Court of Delhi.
The Supreme Court has formed a 3 judge panel to probe into the matter. Strangely, while the Supreme Court has ordered Justice Verma’s transfer, it maintains that the decision is unrelated to the enquiry of cash recovery incident at his Delhi home which raises eye brow as to then why the judge is being transferred to Allahabad High Court all of a sudden.
In a Press Release released on Supreme Court website, it has come to attention that no judicial work will be assigned to Justice Varma for the time being.
