Allahabad High Court Bar Association objects to clandestine swearing-in of Justice Yashwant Varma

The Allahabad High Court Bar Association (HCBA) has taken exception to the manner in which Justice Yashwant Varma was sworn in as a judge of the High Court on Saturday. .The bar body has alleged that the same was done in a clandestine manner by administering the oath in his office instead of holding a formal public ceremony.Condemning the act, the Bar Secretary passed a resolution on Saturday stating that the oath was in violation of the Constitution and therefore, the members of the Bar Association do not wish to be associated with an unconstitutional oath."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 letter issued by Bar Secretary Vikrant Pandey stated..Justice Varma, who was serving as a Delhi High Court judge prior to his transfer to Allahabad, has been the focal point of controversy during the last few weeks.This was after unaccounted cash was recovered from his residence on March 14 by firefighters who had arrived to douse a fire at his residence.The incident caused an uproar and Chief Justice of India Sanjiv Khanna initiated an in-house probe into the allegations and set up a three-member committee to conduct the probe.The Supreme Court Collegium also decided to transfer Justice Varma from Delhi to Allahabad.The decision to transfer Justice Varma to the Allahabad High Court amid the cash recovery controversy was met with stiff resistance from lawyers' associations in Uttar Pradesh. However, the Central government cleared the transfer on March 28.Despite protests from the Allahabad and Lucknow Bar Associations, Justice Varma took his oath as an Allahabad High Court judge today..The bar body in its letter has objected to the exclusion of lawyers and other judges from the swearing-in ceremony.As per the resolution passed by the bar association, oath-taking of a judge is a significant event and lawyers, who are equal stakeholders in the judiciary, cannot be excluded."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," it was added..The Bar stated that most judges were neither informed about nor invited to the oath-taking ceremony. It added that considering legal norms and long-standing traditions, the manner in which the oath was administered to Justice Yashwant Varma was flawed and unacceptable."We, once again condemn the aforesaid events and request the Hon'ble Chief Justice not to assign any administrative or Yashwant Varma," the resolution said. .[Read Resolution]