The Supreme Court will hear on July 28 (Monday) Justice Yashwant Varma’s plea challenging the legal validity of the in-house inquiry, which confirmed charges of recovery of unaccounted cash from his official residence in the national capital.
A bench of Justices Dipankar Datta and AG Masih will hear the matter. This also includes his “application for filing the petition without disclosing the identity of the petitioner/respondent.”
In his plea before the top court, Justice Varma has sought a declaration that the recommendation made by the former Chief Justice of India (CJI) Sanjiv Khanna for his removal as High Court judge be declared unconstitutional and ultra vires.
On July 23, Chief Justice of India BR Gavai had assured his counsel, Senior Advocate Kapil Sibal, that he would constitute a bench to hear it. A battery of senior lawyers- Kapil Sibal, Mukul Rohatgi, Rakesh Dwivedi, Sidharth Luthra and Siddharth Aggarwal- had mentioned the petition before the CJI for urgent listing. CJI agreed to list the matter before a bench of which he is not a member.
CJI Gavai has recused from hearing the plea filed by the Allahabad High Court judge.
"It will not be possible for me to take up this matter because I was also part of the committee. We will list it," the CJI said, as reported by Bar and Bench, possibly referring to his involvement in the process of initiating in-house action against Justice Varma during the tenure of former CJI Sanjiv Khanna.
Meanwhile, the motion to remove Justice Yashwant Varma will be taken up in Lok Sabha, Parliamentary Affairs Minister Kiren Rijiju said on Friday.
The minister said it was agreed by all parties to move unitedly in action against alleged corruption in the judiciary.
Official sources told PTI the opposition-sponsored notice for a similar motion in Rajya Sabha has not been admitted in the Upper House, paving the way for the Lower House to initiate the exercise.
Speaker Om Birla is expected to announce the three-member enquiry committee to probe the charge against the Allahabad High Court judge.
"We shouldn't remain in any doubt, proceedings to remove Justice Yashwant Varma will begin in the Lok Sabha," Rijiju said.
According to the Judges (Inquiry) Act, the proceedings will move to Rajya Sabha after they are over in Lok Sabha.
Over 150 MPs of the ruling alliance as well the Opposition had signed the notice in Lok Sabha.
The decision to form a committee will be taken by the Lok Sabha Speaker, with Rajya Sabha concurrence. The action on the impeachment motion will be taken up only after the discussion on Operation Sindoor, according to reports.
Justice Varma is facing allegations of corruption after the cash discovery in March, when he was a judge at the Delhi High Court. After the controversy, Justice Varma was transferred to the Allahabad High Court, his parent High Court.
Varma approached the Supreme Court challenging the findings of an enquiry committee that cited “strong inferential evidence” against him and recommended impeachment proceedings. Varma argued that the enquiry committee concluded its proceedings without investigating key facts and had erroneously shifted the burden of proof onto him.
Discover the latest Business News, Sensex, and Nifty updates. Obtain Personal Finance insights, tax queries, and expert opinions on Moneycontrol or download the Moneycontrol App to stay updated!
