SC Dismisses Petition on Alleged Cash Recovery, Calls It Misuse of Judicial Process

The Supreme Court on Friday dismissed a petition seeking registration of an FIR and a court-monitored investigation into the alleged discovery of a large amount of cash at the residence of former Allahabad High Court judge Justice Yashwant Varma. The plea was filed by advocate Ghanshyam Upadhyay, who argued that resignation from judicial office does not absolve a person of potential criminal liability.

A bench comprising Justices PS Narasimha and Alok Aradhe refused to entertain the petition, observing that a similar plea had already been rejected earlier. When Upadhyay pointed out that the previous petition was dismissed on technical grounds as no complaint had been filed at that time, the court remained unconvinced.

Justice Narasimha remarked that the petition amounted to a “misuse of the judicial process” and said the court was not inclined to entertain it. The bench subsequently dismissed the plea. During the hearing, Upadhyay contended that a High Court judge is considered a public servant under the law and that retirement or resignation does not provide immunity from prosecution. He argued that there was no legal reason to deny an investigation into the allegations.

The controversy relates to the alleged recovery of burnt currency notes from Justice Varma’s official residence in Delhi after a fire broke out on the night of March 14, 2025. The incident occurred at his Lutyens’ Delhi residence, where fire department personnel were called to control the blaze.

Following the allegations, removal proceedings were initiated in the Lok Sabha against Justice Varma over charges of corruption. However, the proceedings became ineffective after he submitted his resignation to President Droupadi Murmu on April 9.

Justice Varma’s resignation came while an inquiry panel appointed by Parliament was examining the allegations. The resignation prevented further impeachment proceedings, which could have resulted in his removal from office. He was otherwise scheduled to retire on January 5, 2031.

The Supreme Court’s latest order means the plea seeking a fresh FIR and judicial monitoring of the investigation will not proceed. The allegations surrounding the alleged cash discovery continue to remain a matter of public and legal debate.