Ahead of the upcoming Monsoon session, the government said on July 18 (Thursday) that all political parties are on board on the move to impeach Justice Yashwant Varma, from whose residence in Delhi burnt wads of currency notes were found.
Parliamentary Affairs Minister Kiren Rijiju told news agency PTI he was coordinating with leaders of different parties on the motion to ensure that a unified stand of the Parliament comes, paving the way for a motion on this matter during the upcoming Monsoon session of Parliament.
The Congress, the principal opposition party, has said all its MPs will support the motion against Justice Varma. Rijiju also said there should not be any politics over the impeachment move. The Monsoon session of Parliament is scheduled to start from July 21.
A fire incident at Justice Varma's Delhi residence in March this year, when he was a judge of the Delhi High Court, had led to the discovery of sacks of half-burnt cash in the outhouse.
Justice Varma was subsequently repatriated to the Allahabad High Court but no judicial work was assigned to him. An in-house probe ordered by then Chief Justice of India Sanjiv Khanna has indicted the judge.
"I have spoken to all the senior leaders of different political parties. I will also get in touch with some of the single-MP parties because I do not want to leave out any member. So it becomes a unified stand of the Parliament of India," Rijiju told PTI.
"Corruption in the judiciary is an extremely sensitive and serious matter, because the judiciary is where people get justice. If there is corruption in the judiciary, it is a serious concern for everybody. That is why the motion for the removal of Justice Yashwant Varma is to be signed by all the political parties," he has been quoted as saying.
Rijiju said when it comes to corruption in the judiciary, "we have to stand together. There cannot be any partisan attitude and it should not be made a political issue." The minister asserted that it is not the government but members of Parliament cutting across party lines, including from the Congress, who are in favour of moving a motion to remove Justice Varma. He was happy that the Congress has understood the severity of the issue, as no party can be seen standing in support of a "corrupt" judge.
Law Minister Arjun Ram Meghwal said bringing an impeachment motion in Parliament is entirely a matter of the MPs and the government is nowhere in the picture.
Meghwal, in an interview to PTI, said the in-house committee set up by the then CJI Sanjiv Khanna to look into the allegations against Justice Varma, arising from a cash-discovery row, has already submitted its report.
Meghwal said if Justice Varma does not agree with the report and approaches the Supreme Court or a high court, it is his prerogative.
"If Justice Varma does not agree with the report and approaches the Supreme Court or a high court, it is his prerogative," the minister said, asserting that Parliament has the right to remove a Supreme Court or high court judge.
The Congress stand on supporting the motion against Justice Varma was outlined by party general secretary Jairam Ramesh.
Ramesh told PTI that the then CJI Sanjiv Khanna had "forced our hand" by writing to the President and the Prime Minister.
He also stressed that the opposition would strongly push for action against Justice Shekhar Yadav, against whom 55 opposition MPs have moved an impeachment notice in the Rajya Sabha last December for allegedly delivering a hate speech.
Asked about the government's move in gathering signatures for moving the motion against Varma, Ramesh said, "Government cannot impeach. The Constitution, in Article 124, very clearly states that it is the MPs who move a motion - 100 MPs in the Lok Sabha or 50 MPs in the Rajya Sabha." "We are supporting; our MPs are also signing the motion in the Lok Sabha." Justice Varma, meanwhile, has moved the Supreme Court seeking to invalidate the report of the in-house inquiry panel, which held him guilty of misconduct in the cash-discovery row.
The judge is seeking quashing of the May 8 recommendation by then CJI Khanna to remove him.
Rijiju and Meghwal said a motion for the removal of a judge has to be signed by not less than 100 MPs in the Lok Sabha and 50 in the Rajya Sabha.
The motion can either be accepted or rejected by the Speaker/Chairman of the House.
If the motion is admitted, the Speaker or the Chairman of the House forms a three-member committee in accordance with the Judges Inquiry Act. The committee comprising a senior judge of the Supreme Court, a sitting Chief Justice of a High Court and a distinguished jurist will then probe the charges levelled against Justice Varma and asked to come out with a report in three months.
The inquiry report will be tabled in Parliament followed by a discussion in both Houses after which there will be voting on the motion for removal of Justice Varma.
Though Justice Varma has denied any wrongdoing, the inquiry panel has concluded that the judge and his family members had covert or active control over the storeroom, where the cash was found, proving his misconduct serious enough to seek his removal.
On former law minister Kapil Sibal's remarks drawing a parallel between Justice Varma and Justice Shekhar Yadav of the Allahabad High Court over the latter's "controversial" statement, Rijiju said Parliament cannot be guided by "one lawyer-MP's personal agenda".
Independent Rajya Sabha MP Kapil Sibal, who has been a former Law Minister, has come out in support of Justice Varma.
Noting that Sibal is a senior person, Rijiju alleged that he is only driven by his "personal agenda".
"We will not be driven by one lawyer-MP's agenda. We are not here to set an agenda or drive an agenda. We are working purely in the interest of the country." Rijiju said Sibal does not realise that many MPs have gone far beyond him in terms of understanding, intellectual capability and the knowledge of law.
"He is a very average lawyer.... He cannot guide the Parliament of India. The Parliament of India will be guided by all the members of Parliament," he added.
With inputs from PTI
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