Justice Varma’s withdrawal from probe cannot end statutory inquiry, says Lok Sabha panel
The panel says a statutory inquiry cannot depend on the ‘unilateral’ decision of a judge under inquiry, especially after the ‘evidence has substantially come on record’. It says Justice Varma was given a reasonable opportunity to make his case before it
The three-member committee investigating the discovery of 'burnt currency notes' at the former residence of Justice Yashwant Varma has stated that the former judge withdrew from the proceedings too late. The committee's report, submitted to Parliament on August 12, 2026, found the charges against Justice Varma "proved," stating that his explanations were "evasive and unsatisfactory."
The committee criticized Justice Varma for withdrawing from the inquiry when he had to produce evidence in his defense. They emphasized that "silence may permit a partial account to assume the character of the whole." The report argued that Justice Varma should have entered the witness box and denied the charges, rather than abandoning the inquiry.
The committee noted that the articles of charges against the judge had already been framed, defense statements had been received, material for the inquiry had been supplied, and nine witnesses had already been examined. Even though the inquiry had progressed to the evidentiary stage, the committee upheld that Justice Varma had been given a reasonable opportunity to participate.
The committee stated that a statutory inquiry cannot depend on the "unilateral" decision of a judge during the inquiry process, particularly when substantial evidence has been presented. They noted that the inquiry proceedings were neither erratic nor episodic, and the former judge had participated through his advocates, contested the procedure, cross-examined witnesses, and reached a stage where he was required to establish his defense.
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