PRAYAGRAJ, APRIL 6, 2025 — The Allahabad High Court Bar Association (HCBA) has expressed strong objections to how Justice Yashwant Varma was sworn in as a judge of the Allahabad High Court, calling the oath-taking procedure “clandestine” and “unconstitutional.”
According to a resolution passed by the Bar Association on Saturday, the oath was administered in Justice Varma’s office, bypassing the tradition of a formal public ceremony in open court, and without informing the Bar or other judges of the Court.
BAR ASSOCIATION DEMANDS TRANSPARENCY, LABELS CEREMONY AS UNCONSTITUTIONAL
In a sharply worded letter, Bar Secretary Vikrant Pandey criticized the lack of transparency in the process, alleging that the Bar members were deliberately excluded from the event.
“What we resolved, we spoke openly and not only this, we also sent copy of resolutions to everybody including your lordship. Thus, we failed to understand as to what is the ‘clandestine’ in this oath. We are given to understand that the system is taking every step in 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. We unequivocally condemn the manner in which Justice Yashwant Verma was administered oath behind our backs,” the statement read.
CASH RECOVERY CONTROVERSY AND TRANSFER TO ALLAHABAD
Justice Yashwant Varma, formerly a Delhi High Court judge, has been at the center of controversy after unaccounted cash was recovered from his residence on March 14, following a fire incident.
The matter triggered a response from the Chief Justice of India, Sanjiv Khanna, who ordered an in-house investigation and appointed a three-member committee to look into the incident.
In the meantime, the Supreme Court Collegium decided to transfer Justice Varma to the Allahabad High Court, a move that was approved by the Central Government on March 28 despite widespread opposition from lawyer bodies in Allahabad and Lucknow.
BAR BODY CRITICIZES EXCLUSION OF JUDGES AND LAWYERS
The HCBA emphasized that the oath-taking of a judge is a significant constitutional event, traditionally held in public with the participation of the Bar and fellow judges. The association criticized the lack of notification and claimed that many judges were also unaware of the ceremony.
“Subscription to oath has traditionally and continuously been conducted in open court. Keeping the lawyer fraternity uninformed may erode their confidence in this institution. We request our Hon’ble Chief Justice to protect the fundamental values and follow the traditions of this institution,” the Bar’s resolution stated.
The association further asserted that the method of administering the oath violated legal norms and judicial traditions.
REQUEST TO THE CHIEF JUSTICE OF ALLAHABAD HIGH COURT
In its resolution, the HCBA urged the Chief Justice of the Allahabad High Court not to assign any judicial or administrative responsibilities to Justice Varma.
“We, once again condemn the aforesaid events and request the Hon’ble Chief Justice not to assign any administrative or Yashwant Varma,” the letter concluded.
The incident has once again raised concerns over transparency, judicial ethics, and the role of the Bar in ensuring accountability within the judiciary.
