WhatsApp chats, no show at site: Probe flags Justice Varma's 'unnatural conduct'

Not filing a police complaint and quietly accepting his transfer to the Allahabad High Court were among the things deemed "unnatural" by the committee constituted to probe allegations of cash discovery at the residence of Justice Yashwant Varma.

Based on these findings, the three-member panel, constituted by the Supreme Court, recommended the removal of Justice Varma.

The cash stash was found at Justice Varma's official residence in Delhi when a fire broke out there on March 14. Justice Varma was not at his residence then. After the matter was reported to the Chief Justice, the Supreme Court transferred him from the Delhi High Court to the Allahabad High Court.

Sources have told India Today that a motion will be tabled in the next session of Parliament to impeach Justice Varma.

WHAT THE INQUIRY PANEL REPORT SAYS

Communication only through WhatsApp

Several staff members of Justice Varma who were examined said they communicated with him only through WhatsApp on the intervening night of March 14-15. Details of this WhatsApp communication could not be retrieved as it is an encrypted platform.

No show at spot where cash was found

The panel found that Justice Varma and his wife did not visit the store room even once upon their return to Delhi. Justice Varma attempted to justify this by saying that he was concerned with the well-being of his family members.

However, the committee found it to be odd, since anyone under such circumstances would visit the spot at least once to assess the damage.

Conspiracy claim falls flat

Justice Varma never filed a complaint with the police despite alleging a conspiracy against him. The report said if there was indeed any conspiracy, the judge should have filed a complaint or brought it to the notice of the Chief Justice of the High Court or the Chief Justice of India.

Quietly accepted transfer

The inquiry panel also found that Justice Varma quietly accepted his transfer to the Allahabad High Court on the same day it was proposed, without any questions.

This was done within a few hours of the transfer being proposed, despite the fact that he had time till the next morning to communicate his decision. The report said he didn't even attempt to find out the reasons behind the transfer.

OTHER EVIDENCE

There are several other aspects that also worked against Justice Varma. The report mentioned that CCTV cameras monitoring the store room were not working. Justice Varma claimed that the CCTV was controlled by the security, and he was not aware why it was not working.

Moreover, in an 11-second video taken at midnight on March 15, made by Sunil Kumar, an officer from the Indian Commission for Protection of Child Rights, showed heaps of cash in front of the door and at the back of the store room. One person is heard saying, "Note hi note hain, dekho dikh rahein hain (The room is filled with notes, it can be seen)."