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He Is One Of The Finest Judges: Kapil Sibal Defends Justice Yashwant Varma, Attacks Delhi Police For Lapses
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He Is One Of The Finest Judges: Kapil Sibal Defends Justice Yashwant Varma, Attacks Delhi Police For Lapses

Namrata Banerjee
|
19 Jun 2025 7:00 PM IST

In a press conference, Sibal described Justice Varma as one of the finest judges he has appeared before and alleged that the in-house inquiry was part of a broader attempt to dismantle the collegium and bring judicial appointments under executive control.

Senior Advocate Kapil Sibal, while addressing a press conference on June 17, 2025, launched a sharp criticism of the Delhi Police over its handling of the fire and subsequent discovery of burnt cash at the government residence of Justice Yashwant Varma.

He said the police failed to follow even basic procedure, and the entire sequence of events raised serious questions about institutional integrity and motive.

“He is one of the finest judges that I have argued before. You ask any lawyer...any lawyer in the High Court, any lawyer in the Supreme Court,” Sibal said, defending Justice Varma’s reputation. “We know which judges have rumours swirling around them and which don’t. Against him, there has never been even a whisper of wrongdoing,” he added.

Sibal alleged that the case was being used to discredit an honest judge and that the larger intention was to control judicial appointments. “They want to take action against those where there are no facts, and their sole intention is to somehow get the appointment of judges in their hands. They should abolish the collegium system and the appointments should come into their hands. This is their intention,” he said.

Referring to Union Minister Kiren Rijiju’s statement that he would place the in-house inquiry report before Parliament to initiate impeachment proceedings against Justice Varma, Sibal questioned the double standards being applied. “Against the judge, no motion has yet been filed for impeachment. In this context, Kiren Rijiju says that I will place the confidential report of this in-house inquiry in the Parliament and will try to remove Justice Verma on that basis,” he said.

Drawing a contrast, Sibal pointed to the pending impeachment motion against Justice Shekhar Yadav. “Where impeachment is pending, where signatures were not made in six months, where whatever he said was so communal that everyone knows about it, they want to protect that judge,” he said.

Action of the Police and Authorities

Sibal described the chain of events that unfolded on the night of March 14, 2025. Justice Varma was out of station when a loud blast occurred at his government bungalow. His daughter, who was home, went to the outhouse and immediately called the fire services. “She had no idea what was inside. She immediately called the fire services. They came around 11:30 and asked her to move away,” Sibal said.

He said that throughout the night and the following days, neither the CRPF, Delhi Police, nor fire department officials informed the family about any cash being found at the scene. “The family did not know. That cash has been found here. No one told me,” he said.

Questioning the conduct of the Delhi Police, Sibal asked, “Why didn’t you file an FIR? Everyone knows that FIR is lodged based on an incident. No seizure memo. No Panchnama. No cordoning off. Why did you run away from there?”

He also said the committee had itself admitted that it did not look into why the Delhi Police left, whether anyone informed the family, or who placed the cash at the spot. “Then why were you doing the inquiry?” he asked.

Sibal pointed out the following regarding the incident

  • The fire occurred on March 14 while Justice Varma was out of station. His daughter heard the explosion and called the fire department, which arrived around 11:30 PM.
  • The family was never informed by the police, fire services, or CRPF about any discovery of cash. The judge only became aware of it on March 17 when shown a video by the Chief Justice of the Delhi High Court.
  • Delhi Police did not file an FIR, prepare a seizure memo or Panchnama, or cordon off the scene. They left without conducting any investigation or preserving evidence.
  • Not a single note was seized with a serial number, nor was any effort made to determine the source of the alleged cash.
  • The outhouse was separate from the main residence, and keys to it were often with domestic staff. It was accessible to several people, and the judge's family had no exclusive control over it.
  • There was a locked liquor cabinet in the outhouse, which Sibal contrasted with the alleged open storage of cash, calling it implausible.
  • The committee concluded that the cash must have been placed with the judge’s tacit consent, despite having neither examined him nor held any hearing.
  • The writing of the committee report began on April 27, before the judge’s reply dated April 30 was even received. His written response was never considered.
  • No effort was made to determine how the fire started. Sibal rejected the explanation of a short circuit involving a fan and tubelight, calling the explosion too severe for that cause.
  • The committee admitted it was not concerned with investigating how the money got there or who placed it, focusing only on whether cash was found.
  • The judge was denied basic procedural rights like cross-examination, presentation of evidence, or an opportunity to be heard, rights ordinarily given even to junior government officials.
  • Sibal alleged the process was rushed to ensure the report was submitted before the then Chief Justice of India, Sanjiv Khanna, retired.

Media Trial and Public Condemnation

Sibal also criticised the media for amplifying an unverified narrative. He questioned how mainstream reports declared that ₹15 crore was recovered when no official had confirmed that figure. “Mainstream media says that 15 crores were received. How do they know that 15 crores were received? Who counted them?” he asked.

He said the in-house committee itself never attributed ownership of the money to the judge. “The committee also did not say that it is the judge’s money. The committee has only said that money was found in the outhouse of the judge’s house,” he noted.

Referring to the release of the video to the press, Sibal said, “On the 21st of March, the tape was leaked to the media and he was condemned before the whole world, as if he is a criminal.”

He said this was not just a personal attack on Justice Varma, but a reflection of a larger agenda to undermine the judiciary. “Obviously they wanted to submit a report before Chief Justice Khanna retires,” he said. “It shakes my conscience. As it is, the judiciary is being targeted day in and day out,” he added.

When asked if higher political authorities were involved, Sibal declined to speculate. “If I respond to this question, I will commit the same mistake that many lawyers are committing today… making comments without knowing the facts,” he said.

He concluded, “The independence of this institution is at stake.”

The in-house committee, constituted by then CJI Sanjiv Khanna, concluded that high-denomination burnt currency was recovered from Justice Yashwant Varma’s residence following the March 14 fire. Though the report remains unpublished, it came into the public domain today.

In May, the Supreme Court administration had rejected a plea seeking a report of the committee, which had indicted Justice Yashwant Varma, under the Right to Information Act, 2005.

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