SC rejects RTI plea for in-house inquiry probe report on Justice Varma cash row

New Delhi: The Supreme Court has refused to provide a copy of the in-house inquiry committee report into the recent allegations of cash discovery at Justice Yashwant Varma's residence in Delhi, under the RTI Act.

The apex court cited independence of the judiciary, the proportionality test, fiduciary relationship, invasion of the right to privacy and breach of duty of confidentiality, etc., to deny the details to a query by Maharashtra-based lawyer Amritpal Singh Khalsa.

Justice Varma is currently posted as a judge in the Allahabad High Court, without being assigned any judicial work.

Khalsa had on May 9 filed the RTI query seeking a copy of the in-house probe report and then CJI Sanjiv Khanna's letter to the Prime Minister and the President for further action.

The SC's Central Public Information Officer (CPIO), Himani Sarad, on May 21 rejected the RTI application on the ground that the requested information could not be disclosed due to the criteria laid down in the Supreme Court's judgment in Supreme Court of India vs Subhash Chandra Agarwal.

"The information cannot be provided in view of tests outlined by the Supreme Court in its judgment of November dated 13, 2019 passed in a Civil Appeal, viz. independence of judiciary, proportionality test, fiduciary relationship, invasion of the right to privacy and breach of duty of confidentiality, etc., with reference to provisions of Section 8(1)(e) and Section 11(1) of the RTI Act, 2005," the official said in the reply.

The cash haul was allegedly found at the residence of Justice Varma, then Delhi HC judge, during the fire incident on March 14–15.

The judge was subsequently transferred to the Allahabad High Court, his parent High Court.

Justice Varma was indicted by the judges’ inquiry report.

He has reportedly refused to step down after the panel report, prompting then CJI to request the PM and the President to initiate impeachment move against him.

The CJI on March 22 set up the committee consisting of Justice Sheel Nagu, Chief Justice of the High Court of Punjab and Haryana; Justice G S Sandhawalia, Chief Justice of the High Court of Himachal Pradesh; and Ms Justice Anu Sivaraman, judge of the High Court of Karnataka, as part of the in-house inquiry, within days of the incident coming to light.

The committee finalised its report on May 3 and submitted it to the CJI on May 4.