Top Court Refuses To Make Public In-House Panel's Findings In Judge Cash Row

The Supreme Court has refused to make public the findings of the court-appointed panel into the alleged cash recovery from the house of former Delhi High Court judge Justice Yashwant Varma, through the RTI mechanism.

Former Chief Justice of India Sanjiv Khanna had forwarded the findings along with a letter to the President and the Prime Minister. The court has also refused to release a copy of that letter.

This follows an RTI application being filed with the court's information officer seeking these details. The Central Public Information Officer (CPIO) rejected the application, saying that it cannot be provided in view of the decision in the Subhash Chandra Agarwal case.

In the 2019 landmark judgment, the Supreme Court highlighted the need for a balance between the right to privacy and the right to information under the Constitution.

Rejecting the latest application, the CPIO also cited provisions of the RTI Act, including sections 8(1)(e) and 11. Both provisions suggest that such third-party information can be disclosed only if the competent authority is satisfied that it's in the public interest.

The case deals with the alleged recovery of a huge stash of cash during a fire incident at the residence of Justice Varma in Lutyens' Delhi on March 14. The burnt cash was allegedly found in a storeroom near the servants' quarters. Justice Varma was reportedly in Bhopal at that time along with his wife.

The Supreme Court had on March 22 formed a three-judge committee to conduct an in-house inquiry into the matter.

The panel comprising Chief Justice Sheel Nagu of the Punjab and Haryana High Court, Chief Justice G S Sandhawalia of the Himachal Pradesh High Court, and Justice Anu Sivaraman of the Karnataka High Court, finalised its report on May 3. It submitted the report to the then Chief Justice of India, Sanjiv Khanna, a day later.

In prompt action, the court had also taken away judicial work from Justice Varma at the Delhi High Court. It later transferred him to his parent Allahabad High Court and asked its Chief Justice not to assign any judicial work to him.

In an unprecedented move, the court had also uploaded photos and videos of the cash allegedly recovered from Justice Varma's house.

The judge had denied that he or his family members ever kept cash in the storeroom. He had also said that the room was accessible to all.