In an unprecedented development, Chief Justice of India (CJI) Sanjiv Khanna on Saturday night made public a preliminary inquiry report on the allegations of discovery of unaccounted cash at Delhi High Court judge Justice Yashwant Varma’s residence.

Since then, theories are abound.

Was there a conspiracy against a judge considered upright and competent by the Bar? Or is Justice Varma really in the wrong? Whatever the truth may be, there is no denying that the judiciary is under scrutiny now, and it is the public’s turn to grill the judges.

The disclosed documents, including the report of Delhi High Court Chief Justice DK Upadhyay and Justice Varma’s response, have raised numerous questions that demand answers. The panel set up by the CJI must act swiftly to ensure a logical end to the case – in the interests of justice and the Indian judiciary.

The Case A fire at an outhouse of Justice Varma’s residence on the evening of March 14 allegedly led to the discovery of large amounts of cash. Justice Varma has claimed a conspiracy to frame and malign him. A purported video of the incident showing burning cash is viral on the internet.

A committee comprising two Chief Justices and a High Court judge has been constituted to inquire into the incident. Meanwhile, Justice Varma's judicial work has been withdrawn.

The Questions

1. Who removed the debris and on whose instructions? A security guard posted at the residence of Justice Varma is stated to have revealed that some debris and half-burnt articles were removed on the morning of March 15. The question that must be asked is: on whose instructions were they removed? And where are they now?

   According to a police report made public by the CJI, four to five half-burnt sacks containing “remains of Indian currency” were found in the said room after the fire was brought under control. Why was the room not properly sealed in case of such a suspicious discovery? Notably, the security guard’s statement does not specifically mention the removal of any currency.

2. Was the cash removed the same night or in the morning? In his response, Justice Varma has stated that after the fire was doused, when his family and staff were allowed to go to the scene, they did not see any cash at the site. This has led Justice Varma to question the authenticity of the video and the claim of any recovery of money. Why was the money not shown to the family members or staff soon after the incident?

3. Why is the Secretary's report silent on the nature of debris at the spot? The Secretary of the Delhi High Court Chief Justice had visited the outhouse in the presence of Justice Varma. His report mentions burnt articles but does not address the presence of money. This contradicts the security guard's statement that debris was removed in the morning of March 15.

4. Who stores money in an outhouse? Justice Varma has denied that he or his family members kept cash in the storeroom, arguing that it would be illogical to store large sums in an open, accessible space near staff quarters. Why would an individual keep money in such an unsecured location, especially when his name had been linked to a past CBI case on social media?

5. Has the phone that took the videos been seized for preservation of evidence? The most crucial evidence in the case is the viral video. Were the mobile phones used to capture these videos seized for forensic analysis? Despite preserving Justice Varma’s call records, no direction has been issued for securing the phones that recorded the incident.

6. Why did it take over 17 hours to inform the Chief Justice of the Delhi High Court? The fire broke out at 11:30 PM on March 14, but the Chief Justice of Delhi High Court was informed only at 4:50 PM on March 15. Why was there such a delay in reporting this crucial incident, especially when the police had a video of the cash discovery?

7. Where is the CCTV footage of Justice Varma’s residence? Justice Varma has stated that the storeroom was accessible to household staff and sometimes even CPWD personnel. The room was adjacent to the guard room where CRPF personnel were posted. Given his allegations of conspiracy, the CCTV footage could be key evidence. Has it been preserved, or has it conveniently disappeared, as often happens in sensitive cases?

One can only hope that all necessary evidence has been secured and that the investigation will not be derailed by procedural lapses or hidden agendas.

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