Govt may move impeachment motion against Justice Varma in Monsoon Session: Reports
Move follows the indictment of Justice Varma by a SC-appointed inquiry panel after unaccounted cash was discovered at his official residence in Delhi
The Union government is reportedly preparing to introduce an impeachment motion against Allahabad High Court judge, Justice Yashwant Varma, in the upcoming Monsoon Session of Parliament, likely to commence in mid-July.
According to media reports citing government sources, Parliamentary Affairs Minister Kiren Rijiju has initiated consultations with leaders of various parties to garner support for the impeachment motion against Varma.
The move follows the indictment of Justice Varma by a Supreme Court-appointed inquiry panel after unaccounted cash was discovered at his official residence in Delhi.
Also Read: Govt weighing option of impeachment motion against Justice Yashwant Varma
Cash fire controversy
The controversy erupted after a fire broke out at Justice Varma’s residence in Delhi in March, when he was serving at the Delhi High Court.
Emergency responders reportedly recovered a substantial amount of burnt currency notes, stacked as high as 1.5 feet in a storeroom.
Though Varma claimed ignorance about the cash, calling it a conspiracy, the Supreme Court transferred him to the Allahabad High Court, and he has since not been assigned judicial work.
Also Read: Who is Justice Yashwant Varma, the Delhi HC judge embroiled in cash-in-home row?
SC panel indictment
A three-member panel, constituted by the then Chief Justice of India Sanjiv Khanna on March 22, and comprising Justices Sheel Nagu, GS Sandhawalia, and Anu Sivaraman, found credence in the allegations of misconduct.
The panel’s report, submitted on May 4, stated that Justice Varma failed to explain the source of the cash, deeming the misconduct serious enough to warrant impeachment proceedings.
The Supreme Court-appointed committee indicted him after speaking to a number of witnesses and recording his statement.
Despite the apex court’s recommendation to resign, Justice Varma has refused, prompting then-CJI Khanna to write to the President and the Prime Minister to take measures for his removal.
Also Read: 'Cash in storeroom not mine,' claims Justice Varma as SC shares probe details
Govt plans action
The impeachment motion set to be introduced in Parliament during the Monsoon Session, has to be brought in the Lok Sabha as well as the Rajya Sabha, and will need the support of two-thirds of the MPs for passage.
Under the Constitution and the Judges (Inquiry) Act, 1968, an impeachment motion requires the support of at least 100 Lok Sabha or 50 Rajya Sabha members to be tabled.
The motion is first introduced in one House and is then admitted in the other House only after the procedural formalities are successfully completed there.
The government, keen on ensuring bipartisan support, has tasked Minister Rijiju with engaging opposition parties, including the Congress, TMC, and DMK, to back the motion.
Also Read: Burnt cash row: In-house probe mooted by SC enters key stage
Historic first
If passed, the motion would mark the first successful impeachment of a sitting High Court judge in India.
So far, there have been only two instances of Parliament taking up the impeachment motion, a constitutional necessity to remove a sitting high court or Supreme Court judge.
Former Supreme Court judge V Ramaswami was the first to face it for alleged misuse of public fund, but the motion could not get the required support in Parliament in 1993.
Soumitra Sen of the Calcutta High Court resigned in 2011 after the Rajya Sabha passed an impeachment motion against him, rendering the exercise irrelevant.
Also Read: Cash discovery row: CJI shares inquiry report, Justice Varma's response with President, PM
Judicial accountability
The incident has sparked debates on judicial accountability and the balance of power between the judiciary and the executive.
Opposition members were seeking action against Justice Varma after the cash discovery incident hit headlines, while the government waited for the Supreme Court to firm up its stand on the issue.
The Allahabad High Court Bar Association has welcomed the impeachment motion move, emphasising the need to uphold public trust in the judiciary.
Vice President Jagdeep Dhankhar also underlined the importance of legal due process, stating that “judicial independence must not preclude accountability.”