Supreme Court refuses urgent listing of plea for FIR against Justice Yashwant Varma in cash row

A bench comprising Chief Justice B R Gavai and Justice Augustine George Masih asked lawyer and petitioner Mathews Nedumpara to follow the mentioning procedure.

New Delhi: The Supreme Court on Wednesday declined a plea for urgent hearing to a petition seeking registration of an FIR against the Allahabad High Court's Judge, Justice Yashwant Varma in connection with the cash discovery row.

A bench of Chief Justice of India B R Gavai and Justice Augustine George Masih asked the lawyer and petitioner Mathews J Nedumpara to follow the mentioning procedure. "Please go through the mentioning procedure," the bench said.

In his plea, Nedumpara sought a direction for the registration of the FIR against Justice Varma after an in-house judges inquiry panel gave an adverse report, indicting him in the matter.

On March 28, the apex court had found a similar plea by advocate Nedumpara to lodge an FIR against the judge as premature, saying once in-house inquiry is complete, all courses are open, and, if required, the Chief Justice of India can direct the registration of the FIR.

On May 8, then CJI Sanjiv Khanna had sent a letter to the Centre recommending his impeachment as Justice Varma had declined to step down.

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

The judge was subsequently transferred to the Allahabad High Court, his parent High Court. He has since then been divested of any judicial work.

As per the Supreme Court judgment in K Veeraswami Vs Union of India (1991), no criminal case can be registered against a judge of a High court or Supreme Court without the prior permission of the Chief Justice of India.