SENTENCE FIRST—VERDICT AFTERWARDS

 This post is about the cash allegedly found at the official residence of Yashwant Verma J.

Off with his head - Alice in Wonderland - Picture courtesy Wikimedia

The hoopla about Yashwant Varma J. (the Judge) in the news channels and social media is unfortunate and sad. And less said the better, about the response of the Allahabad High Court Bar Association. It reminds one of the court scenes in 'Alice in Wonderland', when the Knave of hearts was being tried for stealing tarts made by the Queen of hearts.

“’Let the jury consider their verdict’ the king said, for about the twentieth time that day.

‘No, no!’ said the Queen. ‘Sentence First - Verdict afterwards’’’

I know the family of the Judge for last the fifty years. One of his uncles, Himendra Nath Varma, who was working with the SBI, has written an excellent book ‘My Allahabad story’. This book makes the Judge the seventh generation in the legal profession. His grandfather Surendra Nath Verma shifted from Gazipur to Allahabad in 1919 and soon became a prominent lawyer there. There is no dearth of money or prestige in the family.

The Judge’s father, AN Varma J., was one of the finest judges in the Allahabad High Court. His other uncle, SN Varma was a very fine and polished lawyer. The Judge himself was a very good lawyer. He has argued many cases before me with clarity and excellence. 

His name was recommended after I left Allahabad and became a Judge after I retired. I often go to Allahabad and interact with the lawyers there and he carries an excellent reputation there. I have not come across a single lawyer questioning his integrity there. 

I do not appear in the High Courts but do interact with lawyers who appear there. The lawyers, who appear before him are of the same opinion. He is one of the finest judges in the Delhi High Court. His transfer to Delhi was Allahabad’s loss and Delhi’s gain.

Nevertheless, it is said that a huge amount of cash has been found at his official residence. The entire episode leaves more questions than it answers.

There is a storeroom in the official residence. According to the Judge: 

• It is near the staff quarters and disconnected with the residence; 
• It is accessible from the official front gate as well as backdoor of the staff quarters; 
• It is unlocked and accessible to the staff, gardener, security men and CPWD workers. 

It would also be available to anyone visiting them inside the premises. Why would anyone keep 4-5 sacks of money, as claimed and alleged to be to the tune of many crores in such a place, instead of inside in a locked Almirah?

A fire is said to have broken out in the night intervening 14/15 March 2025, when the judge and his wife were in Bhopal and only his daughter and his aged mother were there. I have heard about a fire being broken out in the records room of the court, Income tax department and other government offices but never at the official residence of a judge. This must be history’s first case.

According to the Judge, the daughter and the Private Secretary informed the Fire Service. The police version is that the information reached police control room (PCR) and from there to the fire brigade. Both reached the spot. It is not clear as to who reached first and at that time, whether the store was locked or not. If locked, then who broke opened the lock. 

It is said that the family members in the house were asked to come out of the house and the fire was doused; the family members or the staff present there neither saw any burnt notes nor were shown any.

It is not clear how much cash was there. Had there been cash as claimed in the news channels and the social media, then it surely makes the storeroom a place of a crime scene. Then, why wasn’t it sealed? It was sealed later on 27th March on the direction of the three-judge committee. 

Was the storeroom locked or open? If it was locked, then who broke it? Has the alleged burnt cash been seized? If so, then was any seizure memo prepared and signatures of the person present obtained? It is not clear, if it was done. 

The Supreme Court collegium did well to put all documents on the public domain, but this alleged seizure memo is not there or anywhere else in the public domain. The police or fire brigade people are not talking about it. The first statement from the fire brigade chief was that they did not see any cash, burnt or otherwise, though it was modified later.

It is said that some burnt notes were found outside the house. If in reality there were such burnt notes, would they be thrown in the open to be seen and picked by public, or wouldn’t that be kept hidden and destroyed secretly.

The Judge claims that: there was no cash and if it was there then it was not his; he or his family members have never kept it there; it may have been planted. He also hints at some conspiracy to defame him but who would do that.

Judges take sides: either a case is allowed or dismissed. The lawyers are used to it. They know the merit of their client’s case but not the litigants. This often offends them.

In Allahabad, the Judge opened up many cases against land mafia not to the liking of their beneficiaries and granted bail to Dr. Kafeel Khan, the Gorakhpur hospital tragedy case, pointing to State's negligence. The Judge has also decided many important cases in Delhi. Some, surely not to the liking of the present dispensation. 

Out of the many judgments, the one in WP-C 13211 of 2024 M/S Bharti Airtel Limited v. Commissioner, CGST, Delhi decided on 12th December 2024 is debatable. It was decided by the Bench presided over by the Judge. It has held that the mobile towers are not immovable property, thus causing huge revenue loss to the government and benefit to mobile companies.

It is difficult to imagine a mobile tower fixed to land as anything but immovable property. But the judges do commit mistakes. This is the reason for review and the existence of higher courts. There is always difference of opinion as well.

The Judge was elevated at a very young age. In Delhi, one gets to decide more important cases than in Allahabad: anyone ambitious wants to be there. Today in Allahabad, the Judge would be 9^th among the puisne judges, in Delhi he is 2^nd and part of the collegium: a very important position. 

It does not take Perry Mason to realise that there is a ring of truth in the Judge’s stand. Nevertheless, Sherlock Holmes is required to unravel the truth. 

Allahabad High Court has two associations: Advocates’ Association and Allahabad HC Bar Association. Advocates' Association has chosen to await the result of the three-judge committee, but the other association has gone on strike. 

The three-judge committee is likely to give its report soon. In case of adverse report, the Judge may be asked to resign and his failure to do so or otherwise, the case may be sent for impeachment or police (CBI) may be given permission to lodge FIR and investigate. 

There is no reason to doubt that SC collegium will take proper decision as soon as the three-judge report is submitted. The Allahabad HC Bar Association will do well to withdraw its strike, resume work and await the report of the Committee and the action taken by SC Collegium; especially, when the Judge is not supposed to do any judicial work. 

And in any case, the Judge is a son of Allahabad. Come what may, a mother has to accept her son into her bosom. 

#YashwantVarma #Judiciary #JusticeYashwantVarma