Kalyan Singh set to lose immunity as Governor, may face trial in Babri case
New Delhi, Sep 1: Outgoing Rajasthan Governor Kalyan Singh may have to face trial for criminal conspiracy in the Babri Masjid demolition case as the immunity he has been enjoying for holding the constitutional post will go away at the end of his tenure, sources said.
President Ram Nath Kovind on Sunday appointed former Union minister Kalraj Mishra as the new Governor of Rajasthan to succeed Singh.
On April 19, 2017, the Supreme Court had ordered revival of criminal conspiracy charges against senior BJP leaders L K Advani, Murli Manohar Joshi and Uma Bharati.
It had also clarified that Singh, who was the chief minister of Uttar Pradesh when the Babri Masjid was demolished in 1992, could not be brought in as an accused to face trial in view of the constitutional immunity granted to Governors under Article 361 of the Constitution.
However, the apex court told the CBI to call Singh as an accused as soon as he ceases to be the Governor.
Article 361 of the Constitution confers immunity to the President and Governors from criminal and civil cases during their term of office.
It says no court can issue summons to the President or a Governor in any case.
"As Singh's tenure as Governor comes to an end, he may have to face the trial unless the government appoints him in another constitutional post," a source privy to the development said.
Singh was appointed as the Rajasthan Governor on September 3, 2014 for a five-year tenure.
According to the CBI case against Singh, he, as the chief minister of Uttar Pradesh, had given assurance before the National Integration Council that he would not allow demolition of the disputed structure and the Supreme Court had permitted for only symbolic 'kar sewa' to be performed at the disputed site.
"Singh had also said that he will fully ensure the protection of the structure and it will not be felled down, but he allegedly acted in opposition to his assurances," said an order of the special judge, Lucknow in 1997 subsequent to a CBI charge sheet against him in 1993.
The CBI had also alleged that Singh, as the chief minister, did not issue the order of the use of the central force.
"From this it seems that prima facie he was a necessary participant in the criminal conspiracy," the special court had ruled in 1997.
Singh had resigned as the chief minister of Uttar Pradesh after the demolition of Babri Masjid on December 6, 1992.
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Cash discovery row: Allahabad High Court judge Justice Yashwant Varma resigns
New Delhi (PTI): Embattled Allahabad High Court judge Yashwant Varma, who was facing heat after wads of burnt currency notes were recovered from his residence here last year, has submitted his resignation to President Droupadi Murmu, rendering the impeachment proceedings against him as infructuous.
The purported discovery of a huge stash of cash took place after a fire broke out at Lutyens' Delhi residence of Justice Varma, then a Delhi High Court judge, at around 11:35 pm on the night of Holi on March 14, 2025, prompting the fire department personnel to rush to the spot and douse the flames.
In a letter sent to the President on April 9, the 57-year-old Justice Varma said he was tendering his resignation with "deep anguish" and it was an honour to serve the office.
"Your Excellency, While I do not propose to burden your august office with the reasons which have constrained me to submit this missive, it is with deep anguish that I hereby tender my resignation from the office of Judge of the Hon'ble High Court of Judicature at Allahabad, with immediate effect. It has been an honour to serve in this office," the resignation letter sent to the President on April 9 said.
The pending impeachment proceedings, intended to remove Varma from his office, becomes infructuous due to his resignation.
Consequently, a three-member inquiry committee comprising Supreme Court judge Justice Aravind Kumar, Madras High Court Chief Justice Manindra Mohan Shrivastava and senior advocate B V Acharya was conducting an inquiry, a condition precedent, before an impeachment motion.
Justice Varma's case saw many twists and turns after he refused to heed to the advice of then CJI Sanjiv Khanna to resign following two damning reports of judges.
Left with no option, Justice Khanna wrote to the President to proceed further to impeach Justice Varma.
He was later repatriated from the Delhi High Court to the Allahabad High.
The top court on January 16 had dismissed Varma's plea challenging the Lok Sabha Speaker's decision to admit an impeachment motion and the validity of a panel set up to inquire corruption charges against him, saying a provision in law cannot be used as a weapon to scuttle parliamentary proceedings.
Lok Sabha Speaker Om Birla admitted a multi-party motion for Justice Varma's removal on August 12 last year.
In an unprecedented move, the apex court on March 22 last year had uploaded on its website an in-house inquiry report, including photos and videos, into alleged discovery of a huge stash of cash at the residence of Justice Varma.
On March 22, 2025 then CJI Khanna had constituted a three-member committee to conduct an inquiry.
Justice Varma had "unequivocally" stated that no cash was ever placed in the storeroom "either by me or any of my family members and (I) strongly denounce the suggestion that the alleged cash belonged to us".
Justice Varma was enrolled as an advocate on August 8, 1992. He was appointed as an additional judge of the Allahabad High Court on October 13, 2014. High Court judges retire at the age of 62.
He took oath as a permanent judge of the Allahabad High Court on February 1, 2016, before being appointed as a judge of the Delhi High Court on October 11, 2021.
A judge of a constitutional court can only be removed from office through an impeachment motion passed by Parliament.
