The General House of the High Court Bar Association, Allahabad, held a meeting on 24.03.2025. The meeting was presided over by Mr. Anil Tiwari (Senior Advocate) and other elected officials of the Bar Association and attended by hundreds of Advocates. The HCBA condemned the recent collegium recommendation regarding Mr. J. Yashwant Varma’s transfer to the Allahabad High Court. Along with the appreciation of the Hon’ble CJI ‘s move to have an in-house enquiry by Judges, the HCBA has raised concern over the in-house enquiry, which it referred to as Judges judging Judges.
Delibrations-
The Bar Association has raised a legal point that the cash found at J. Varma’s bungalow is fortified by the Latin Maxim ‘Res ipsa loquitur’ (the things speak for themselves). It has also raised a legal concern that, “It is a cardinal principle of Law that no one can be a judge in his own cause which has repeatedly been laid down by the apex court therefore, Judges Judging Judges and Judges Appointing Judges makes this in-house enquiry questionable and is unacceptable to the legal fraternity.’ It further added, “Why should there be a distinction or discrimination between bureaucrats and politicians on one side and judges on the other. Both should be subjected to the same criminal proceedings in the event of corruption charges.”
The Allahabad High Court has already placed on record its strong opposition against the proposed transfer of the delinquent judge to the parent Allahabad High Court or its Lucknow Bench. It has said, “The Allahabad High Court is not a dumping ground for corrupt and tainted judges which the Bar Association oppose tooth and nail.”
There has also been a demand that all the judgment delivered by the judge needs to be scrutinised. It needs to be since his elevation in 2014. Thereafter the impeachment has also been recommended.
The Resolution-
- The High Court Bar Association has opposed the proposed transfer of the judge.
- CJI should permit the filing of FIR and investigation by CBI/ED or other agencies.
- CJI should immediately recommend the impeachment of the judge.
- There is a need for more transparency in the collegium.
- All the judgments of the judge need to be reviewed since his elevation.
- Concerns have been raised about “Uncle Judges Syndrome.”
- The slogan of “Corruption Free Nation” has also been raised.
