New Delhi, June 4 The report submitted by a three-judge panel constituted by then Chief Justice of India, Justice Sanjiv Khanna, has indicted Justice Yashwant Varma based on allegations surrounding the presence and purported destruction of large quantities of unaccounted cash during a fire incident on March 14 at his Tughlak Crescent residence in New Delhi. The panel has found the allegations "substantiated". However, sources said that a close scrutiny of the facts, testimonies, and procedural conduct invites a more nuanced appraisal.
First, the central charge hinges on the alleged presence of 4-5 sacks or bags full of currency found burnt in the outhouse of the premises. Yet, there exists no photographic or video evidence from the scene establishing that any such sacks or bags, filled with currency or otherwise, were present, whether burnt, intact, or partially destroyed, claim sources.
“Moreover, the scene was attended by a sizable contingent -- 40 to 45 individuals from the police and fire services -- during the operation. Numerous videos and pictures were taken during this time, many of which have been placed before the committee. However, not a single individual among these witnesses has attested to seeing 4-5 sacks brimming with currency notes burnt or otherwise,” sources contest.
According to sources, one of the more striking assertions -- that a pile of burnt currency about 1.5 feet high was visible -- also finds no corroboration from any of the visual documentation taken at the time, nor was it identified in any official reports contemporaneously prepared. Sources ask as to how such a specific observation can be given credence without even evidentiary backing.
The suggestion that the debris collected near the outhouse’s entry was entirely made up of burnt currency also lacks substantiation, say sources. “It is undisputed that the outhouse stored multiple household articles, all susceptible to fire damage. The assumption that all debris constituted currency notes overlooks the practical reality of what one might find in a fire-damaged home and stretches inference into conjecture,” argue sources.
Media narratives that claimed crores were recovered or destroyed have been found to be entirely speculative, sources claim. According to sources, testimonies before the panel offer only vague descriptors- terms such as "large" or "reasonably large" are inherently subjective and unquantifiable, especially in the absence of hard numbers, visual proof, or official documentation.
In addition, no recovery of cash was made at the time, sources claim. It is a matter of procedure that an FIR is not a prerequisite for the seizure of offending material, especially in the case of suspected illegality, say experts. Had any currency been found, the police were duty-bound to seize it and verify its authenticity -- yet no such action was taken, sources claim. “This procedural omission is not incidental; it reinforces the conclusion that no recoverable currency was present at all,” says a legal expert.
Importantly, there is no allegation -- nor any evidence -- that Justice Varma or his staff obstructed the duties of the police or fire brigade, or that they interfered in any way with the drafting of official reports, sources argue.
These reports, according to sources, were compiled independently by authorised officials, not in the presence or under the influence of Justice Varma or any family member. Tellingly, none of these reports refer to any discovery of cash or provide even a speculative estimate of currency having been present or burnt, sources added.
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