The Supreme Court on Monday had some direct questions for Justice Yashwant Varma's counsel as he sought quashing of a report of the SC in-house committee, which has found him guilty of misconduct over the unaccounted-for cash found during a firefight at his Delhi residence in March.
"Why did you appear before the inquiry committee… Why did you wait for the inquiry to be completed and the report be released? Did you take a chance of a favourable order there first," a bench of Justices Dipankar Datta and AG Masih asked senior advocate Kapil Sibal, who was representing Justice Varma.
Sibal, appearing for Justice Varma, submitted a judge can't be a subject of public debate, and that there is a process to be followed under Article 124 of the Constitution, PTI reported.
At this point, the bench asked the questions over why the HC judge had appeared before the inquiry committee.
The matter was posted for July 30 for the next hearing.
Justice Varma's plea challenges the probe report and the committee's very remit. It also seeks quashing of the then CJI Sanjiv Khanna's recommendation to initiate impeachment proceedings against him.
For now posted at the Allahabad high court, Justice Varma is staring at action via Parliament.
{{/usCountry}}For now posted at the Allahabad high court, Justice Varma is staring at action via Parliament.
{{/usCountry}}Also read | Lok Sabha will initiate proceedings to remove Justice Yashwant Varma: Kiren Rijiju
When cash was allegedly found by firefighters in a blaze at his residence on March 14, he was a judge of the Delhi HC. He was not present there, and has strongly denied any involvement, asserting that neither he nor his family members placed the cash in the storeroom.
He has also alleged that the probe committee proceeded in a pre-determined fashion and merely drew inferences. He wants that the recommendation by the CJI — asking the President and Prime Minister to start his removal process — be declared unconstitutional, ANI reported.
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He has further argued that the in-house procedure extended beyond its role of self-regulation and fact-finding: “By culminating in recommendations for removal from constitutional office, it creates a parallel, extra-constitutional mechanism."
The committee constituted on March 22 was comprised of Justices Sheel Nagu (then CJ of Punjab and Haryana high court), GS Sandhawalia (then CJ of Himachal Pradesh HC), and Anu Sivaraman (judge of Karnataka HC.
(with agency inputs)