New Delhi: The Supreme Court on Thursday, August 7, dismissed Justice Yashwant Varma's writ petition challenging the in-house inquiry that indicted him, and the subsequent recommendation by then Chief Justice of India (CJI) Sanjiv Khanna for his removal.
The plea, filed under the anonymous name 'XXX', was heard and rejected by a bench of Justices Dipankar Datta and AG Masih.
Top Court Finds Please 'Non-Maintainable'
According to a report by Live Law, the apex court held that Justice Varma’s conduct, like participating in the in-house inquiry and later questioning the committee’s competence, rendered the writ petition non-maintainable. “The writ petition cannot be entertained at all,” the bench said. Despite this, the bench addressed five other key issues, citing the significance of the matter.
Senior Advocate Kapil Sibal, appearing for Justice Varma, had argued that the in-house procedure violated Article 124(4) of the Constitution, which allows removal of a judge only on grounds of "proved misbehaviour" or "incapacity". He also questioned the legitimacy of the CJI’s recommendation to the President. However, the court observed that the in-house inquiry was a "preliminary, ad-hoc" process and not an evidentiary proceeding.
A separate writ petition by Advocate Mathews J Nedumpara seeking an FIR against Justice Varma was also dismissed.
Cash-At-Home Controversy
The controversy stems from a fire incident on March 14, when a large amount of cash was discovered at an outhouse in the official residence of Justice Varma, then a Delhi High Court judge. Following public uproar, CJI Khanna constituted a three-judge in-house panel to investigate.
The committee, after examining 55 witnesses and electronic evidence, concluded that the storeroom was under the "covert or active control" of Justice Varma or his family. His failure to explain the source of cash, offering only a "bald plea of conspiracy", led the panel to recommend action.
MPs have since circulated an impeachment motion with the requisite signatures.
