Justice Varma Moves Supreme Court Challenging Removal; Alleges CJI’s Recommendation under In-House Procedure violates Constitutional Norms

Justice Yashwant Varma has filed a petition in the Supreme Court challenging the process initiated for his removal, which was triggered by a fire incident in March 2025 at his official residence in Delhi. Justice Varma has contended that the entire disciplinary process commenced under the judiciary’s internal “In-House Procedure” was unconstitutional, lacking statutory basis, procedural fairness, and due process.

The controversy stems from a fire on the night of 14–15 March 2025 in the outhouse of the judge’s government residence in New Delhi, during his vacation in Madhya Pradesh. Officials allegedly discovered burnt currency at the site but failed to record the evidence as per legal norms. Subsequently, based on photos/videos privately taken, a three-member Committee was constituted by the then Chief Justice of India (CJI) on 22 March 2025 to investigate the matter under the In-House Procedure adopted in 1999.

The petition challenges the constitutional validity of the In-House Procedure to the extent it allows judicial bodies to recommend a judge’s removal a power exclusively vested in Parliament under Articles 124 and 218 of the Constitution, to be exercised via the Judges (Inquiry) Act, 1968. The petitioner contends this bypasses essential safeguards such as formal charges, cross-examination, and proof beyond reasonable doubt. He further argues that the CJI has no disciplinary or supervisory jurisdiction over High Court judges under the Constitution.

The petition also assails multiple procedural lapses: initiation of inquiry in absence of a formal complaint, denial of notice or hearing, failure to supply key evidence like CCTV footage, reversing the burden of proof, and premature public disclosure leading to a media trial. It seeks quashing of the Committee’s final report and all consequential actions, including the CJI’s letter to constitutional authorities.