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CJI BR Gavai recuses himself from hearing Justice Varma's plea challenging ‘misconduct’ report
“It will not be possible for me to take up this matter because I was also part of the committee,” CJI BR Gavai said in Supreme Court.
Chief Justice of India BR Gavai on Wednesday recused himself from hearing the plea by Allahabad High Court judge Justice Yashwant Varma to invalidate a report by an in-house inquiry panel, which found him guilty of misconduct in the cash discovery row.
"It will not be possible for me to take up this matter because I was also part of the committee. We will list it. I will have to constitute a bench," the CJI told senior advocate Kapil Sibal, who mentioned matter for Justice Yashwant Varma.
The CJI was heading a bench which also comprised Justices K Vinod Chandran and Joymalya Bagchi.
Sibal requested the bench to list the matter as early as possible, saying they have raised some constitutional issues in the plea.
Varma has also sought quashing of the May 8 recommendation by then Chief Justice of India Sanjiv Khanna urging Parliament to initiate impeachment against him.
The three-judge panel headed by Chief Justice Sheel Nagu of the Punjab and Haryana High Court conducted the inquiry for 10 days, examined 55 witnesses and visited the scene of the accidental fire that started at around 11.35 pm on March 14 at the official residence of Justice Varma, then a sitting judge of the Delhi High Court and now in the Allahabad High Court.
On Monday, a total of 145 Members of Parliament (MPs) from the Lok Sabha and 63 MPs from the Rajya Sabha submitted a petition seeking the impeachment of Justice Yashwant Varma in connection with the recent cash recovery controversy.
Among the 145 Lok Sabha MPs who backed the motion were prominent leaders such as Anurag Thakur, Ravi Shankar Prasad, Leader of Opposition Rahul Gandhi, Rajiv Pratap Rudy, P.P. Chaudhary, Supriya Sule, and KC Venugopal. The notice was filed under Articles 124, 217, and 218 of the Constitution.
According to procedure, a motion for the removal of a judge requires the signatures of at least 100 Lok Sabha MPs and 50 Rajya Sabha MPs. Once submitted, the motion is subject to acceptance or rejection by the Speaker or Chairman of the respective House.
Congress MP K. Suresh earlier confirmed the party’s full support for the impeachment effort, aligning with other parties in the INDIA bloc.
