The Allahabad High Court has firmly rejected a Public Interest Litigation (PIL) filed against the transfer of Justice Yashwant Varma from the Delhi High Court to the Allahabad High Court. The decision highlights the constitutional protection granted to judges' tenure as a fundamental aspect of judicial independence.
The bench, consisting of Justice Attau Rahman Masoodi and Justice Ajai Kumar Srivastava-I, observed:
"Transfer, administration of oath, and functioning of a judge are directly linked to their tenure, which is protected under Article 124(4) read with Article 217(1)(b) of the Constitution."
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The Court stressed that once a transfer notification is legally valid, any related procedures such as administering the oath also remain protected, as long as the legal process is properly followed.
The PIL was filed by advocate Vikash Chaturvedi through Advocate Asok Pande. It sought to stop the Chief Justice of the Allahabad High Court from administering the oath to Justice Varma and to quash the transfer notification dated March 28, 2025. However, Justice Varma took oath on April 5, 2025, shortly after the PIL was filed.
The Court clarified that discussions about a judge’s tenure belong strictly within Parliament and are not subject to judicial review. The bench noted:
“The privilege of discussion lies within the confines of the two Houses of Parliament and not beyond.”
The judges emphasized that no procedural irregularities or illegalities were found in the transfer. They reaffirmed that once the legal procedure under Article 222 of the Constitution is followed, such transfers are non-justiciable in courts.
"We do not gather any procedural irregularity or illegality on account of which the action sought to be assailed may fall as untenable in the eye of law," stated the Court in its order dated April 23, 2025.
Justice Varma became the focus of public attention on March 21, 2025, after reports surfaced about a fire at his official residence leading to the discovery of cash-filled sacks. Following these allegations, Chief Justice of India, Justice Sanjiv Khanna, set up a three-member committee to investigate the matter through an in-house inquiry process.
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In response to public interest and transparency, the Supreme Court made the video footage of the fire incident, the inquiry report from the Delhi High Court Chief Justice, and Justice Varma's reply available on its official website. Justice Varma has firmly denied all allegations, claiming that the cash was planted as part of a conspiracy against him.
Case title - Vikash Chaturvedi vs. Union Of Bharat Thru. Secy. For Law And Justice Shashi Bhawan New Delhi And Another 2025
