The Allahabad High Court Bar Association (HCBA) on Monday passed a resolution calling for impeachment proceedings to be initiated against Delhi High Court judge Justice Yashwant Varma..The resolution was passed during a meeting held on Monday afternoon when the Bar Association also reiterated its opposition to any proposal by the Supreme Court Collegium to transfer Justice Varma to the Allahabad High Court. The lawyers further resolved not to do any judicial work after lunch today. "The Bar Association is of a considered opinion that immediate steps should be taken for impeachment of the delinquent judge. It is apposite to state that after this incident, the judiciary specially the High Court and Supreme Court may not be able to claim moral high ground ... CJI should immediately recommend to the government to draw impeachment proceeding against Justice Yashwant Varma," the resolution passed in the afternoon said..The developments took place in the wake of the recovery of unaccounted cash from an outhouse at Justice Varma's residence last week after firefighters went there to douse a fire. The incident led to allegations of corruption against Justice Varma, who has denied such accusations and maintained that it appears to be a conspiracy to frame him. The CJI on March 22 initiated an in-house inquiry, and tasked a panel of three High Court judges to examine the allegations against Justice Varma.The Allahabad HCBA expressed appreciation for this gesture but said that this is not enough as judges cannot be the judge of their own cause. "We can only hope and trust that this In house enquiry does not end in a cover up to save justice Varma. In no other country in the world judges judge judges or judges appoint judges which is happening only in India through a collegium system, and the weak executive continues to follow the same till date," the resolution said. .The HCBA also maintained that it is completely opposed to the Supreme Court Collegium's proposal to transfer Justice Varma to the Allahabad High Court. Notably, on March 20, the Collegium had met to discuss the repatriation of Justice Varma back to his parent High Court, the Allahabad High Court. An official statement was not released right away, but the Allahabad bar was quick to oppose any such transfer.Today (March 24), the Collegium published an official statement recommending Justice Varma's transfer to the Allahabad High Court. However, the Allahabad HCBA has already indicated that it would oppose this proposal by tooth and nail."The Allahabad High Court is not a dumping ground for corrupt and tainted judges which the Bar Association shall oppose tooth and nail," the resolution said. .Further, the HCBA has urged the Chief Justice of India (CJI) to permit a first information report (FIR) to be filed against Justice Varma. The HCBA has also called for an investigation into the matter by the Central Bureau of Investigation (CBI), the Enforcement Directorate (ED) and other agencies,."It is not merely a trial of a petty criminal but the conduct of sitting High Court Judge which has shocked the nation and the functionality of the constitution is at stake. Therefore continuance of Justice Yashwant Varma any further is dangerous for democracy as it eroded 'Public Faith' which is the only power available with judicial system. If faith gone, everything gone and nation will collapse," the resolution added. The HCBA added that the immunity generally given to judges from criminal prosecution is only for acts done in their professional capacity. Since no such act was involved in this case, Justice Varma should not be made immune from a criminal investigation the HCBA said. .The resolution further called for reviewing all judgments delivered by Justice Varma. Moreover, the HCBA has called for an overhaul of the collegium system of appointing judges."The procedure of appointment of judges through collegium is not transparent. All eligible and competent persons are not considered rather consideration is limited to a very limited class of lawyers who are either from the family of judges or of influential lawyers or close to them. We strongly resolve that for ensuring and restoring the 'FAITH OF COMMON PUBLICOF INIDIA', the collegium system is required to be revisited so that a transparent system be introduced," the resolution said. .[Read HCBA Resolution]
