A PIL in Allahabad High Court questions Justice Yashwant Varma’s oath, judicial work, and transfer, raising concerns over constitutional validity and judicial independence.
JUSTICE YASHWANT VARMA’S OATH CHALLENGED IN ALLAHABAD HIGH COURT
Case in News
A PIL was filed in Allahabad High Court seeking to halt the oath of Justice Yashwant Varma by questioning the legality of his transfer and allocation of judicial work .
Case Overview
Case Name: Vikash Chaturvedi vs. Union of India & Ors.
The PIL was filed by advocate Vikash Chaturvedi through advocate Ashok Pandey who challenged the transfer of Justice Yashwant Varma from Delhi to Allahabad High Court between an in-house investigation into alleged possession of illicit cash. The petition argues that if he is not assigned judicial work his oath becomes a mere formality by violating constitutional principles.
Key Aspects
- Judicial Work Restriction: Supreme Court ordered Allahabad High Court not to assign work to Justice Yashwant Varma.
- Oath Questioned : Petitioner argues a judge must have judicial responsibilities post-oath.
- Constitutional Validity: The PIL seeks clarity on whether a judge can be denied work without the presidential removal.
- In-House Probe: Initiated by CJI Sanjiv Khanna following the discovery of unaccounted cash at the residence of Justice Varma.
- Transfer Challenge: PIL also seeks quashing of his transfer from Delhi to Allahabad High Court .
Legal Insights
- Article 217: Relates to appointment, transfer and conditions of High Court judges.
- Article 124(4): Defines the process for removing a judge, needing a presidential order.
- Master of Roster Doctrine: Gives High Court CJ authority to assign judicial work.
- SC Collegium’s Authority: Recommends judicial transfers, subject to constitutional compliance.
Court’s Verdict
The Allahabad High Court will decide the validity of the PIL and whether the oath of Justice Yashwant Varma and transfer comply with constitutional norms.
JUSTICE YASHWANT VARMA’S OATH CHALLENGED IN ALLAHABAD HIGH COURT
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