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Justice Yashwant Varma Sworn In As Allahabad HC Judge, Bar Association Condemns 'Clandestine' Oath

Justice Yashwant Varma has taken oath as an Allahabad High Court judge. The Allahabad High Court Bar Association criticised the manner in which he was administered the oath of office.

Justice Yashwant Varma took an oath as a judge of the Allahabad High Court on Saturday but will not be assigned any judicial work for the time being, as per directions issued by the Supreme Court. The Allahabad High Court Bar Association (HCBA) strongly criticised the manner in which Justice Yashwant Varma was administered the oath of office following his transfer from the Delhi High Court, calling it a “clandestine” event that undermines public trust in the judiciary.

Justice Varma, who was repatriated to the Allahabad High Court amid allegations linked to the recovery of cash from his residence, reportedly took oath without any official notification to the Bar. According to the HCBA, the swearing-in took place in secrecy and in violation of legal and traditional norms, news agency PTI reported.

In a letter dated April 5 addressed to Chief Justice of Allahabad High Court Arun Bhansali, HCBA secretary Vikrant Pandey wrote, “The entire Bar Association is at pains to learn about the clandestine manner in which Justice Yashwant Varma has been administered the oath of his office at Allahabad.”

Referring to an earlier assurance given by the Chief Justice of India, Pandey said, “In due deference to our remonstration against the repatriation of Justice Yashwant Varma to Allahabad High Court, the Hon’ble CJI had met the members of the Bar and assured that appropriate steps be taken to maintain the dignity of the judicial system.”

“We are given to understand that the system is taking every step in a fair and transparent manner, but why this oath is not notified to the Bar, is a question which again eroded the trust of people in the judicial system,” Pandey stated in the letter, as per PTI.

The HCBA further contended that the oath was administered without informing even the majority of judges of the court. “Thus, legally and traditionally, the oath administered to Justice Varma is fallacious/unacceptable. We, once again, condemn the aforesaid events and request the Hon’ble Chief Justice not to assign any administrative and judicial work to Justice Yashwant Varma,” Pandey added.

He emphasised that oath-taking is a critical event in the judicial system and lawyers, as equal stakeholders, “cannot be kept away.”

The Bar Association passed a resolution stating that the oath was “against the Constitution of India,” and its members “do not want to be associated with unconstitutional oath.”

“We spoke openly about what we resolved, and not only this, we also sent a copy of the resolutions to everybody including your lordship. Thus, we fail to understand what is ‘clandestine’ in this oath,” Pandey noted, as per PTI.

Supreme Court Barred Justice Yashwant Varma From Judicial Work

The top court, in a statement issued earlier, clarified that the Chief Justice of the Allahabad High Court has been asked not to allocate any judicial work to Justice Varma when he assumes charge. “The Chief Justice of Allahabad High Court for the time being has been asked not to assign any judicial work to Mr. Justice Yashwant Varma, when he assumes charge as a Judge of the Allahabad High Court,” read a statement issued by the Supreme Court in March.

Justice Varma’s transfer came amid a controversy linked to the alleged recovery of a large quantity of burnt currency notes from a storeroom attached to his bungalow in the national capital. The incident occurred on March 14, when the fire brigade visited the premises to extinguish a blaze.

Previously, the Union Ministry of Law and Justice issued a notification formalising the transfer. “In exercise of the power conferred by clause (1) of Article 222 of the Constitution of India, the President, after consultation with the Chief Justice of India, is pleased to transfer Justice Yashwant Varma, Judge, Delhi High Court, to be a Judge of Allahabad High Court and to direct him to assume charge of his office in the Allahabad High Court,” the notification stated.

Supreme Court Collegium Recommended Justice Varma’s Transfer

The Supreme Court Collegium, headed by Chief Justice of India Sanjiv Khanna, had recommended Justice Varma’s repatriation to the Allahabad High Court. “The Supreme Court Collegium in its meetings held on 20th and 24th March 2025 has recommended repatriation of Mr Justice Yashwant Varma, Judge, High Court of Delhi, to the High Court of Judicature at Allahabad,” said a statement uploaded on the Supreme Court’s website.

The Supreme Court also noted that the transfer recommendation was independent of the ongoing in-house enquiry procedure. “The proposal for the transfer of Justice Varma, who is the second senior-most judge in the Delhi High Court, to his parent High Court i.e. the High Court of Judicature at Allahabad, where he will be the ninth in seniority, is independent and separate from the in-house enquiry procedure,” the court stated.

Chief Justice Sanjiv Khanna constituted a three-member committee to inquire into the allegations against Justice Varma and directed the Chief Justice of the Delhi High Court not to assign him any judicial work in the interim.

Subsequently, Chief Justice D.K. Upadhyaya of the Delhi High Court withdrew judicial responsibilities from Justice Varma until further orders.

Last month, representatives of various bar associations met with Chief Justice Khanna and senior members of the Supreme Court Collegium, urging them to withdraw the transfer of Justice Yashwant Varma to the Allahabad High Court.

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