Justice Yashwant Varma
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Justice Varma, in his petition to the Supreme Court, had offered five reasons why he could not be sacked. File photo

Supreme Court rejects Justice Yashwant Varma's plea challenging impeachment probe

The ruling clears the way for Parliament to investigate the judge, who could become the first High Court judge to be removed from office


The Supreme Court on Thursday (August 7) rejected Justice Yashwant Varma’s plea challenging the SC inquiry committee that recommended his impeachment, calling his plea “not worth entertaining”.

The court said the recommendation by then-Chief Justice Sanjiv Kumar to President Droupadi Murmu for the removal of Justice Varma has legal sanction and is constitutionally valid.

This ruling clears the way for the impeachment process that was initiated last month, and Justice Yashwant Varma will now be investigated by Parliament under Articles 124, 217, and 218 of the Indian Constitution.

Justice Varma’s petition

Justice Varma, in his petition to the Supreme Court, had offered five reasons why he could not be sacked.

Among those reasons was his questioning the jurisdiction and authority of the in-house committee to investigate a sitting judge.

Also Read: SC raps Justice Yashwant Varma: 'Your conduct does not inspire confidence'

He argued that the committee ignored questions he had raised and denied him a fair hearing. He argued further that neither the Chief Justice of India nor the Supreme Court had the “power of superintendence”, that they cannot take disciplinary action against High Court judges, because their tenure is protected by the Constitution.

Impeachment process

The impeachment process of Justice Yashwant Varma began on July 21, the first day of the current Monsoon Session of Parliament, when more than 145 MPs gave a notice to Lok Sabha Speaker Om Birla calling for an investigation into Justice Varma and the burnt cash-at-home controversy.

Also Read: Burnt cash row: SC grills Justice Varma on plea to quash probe report

Justice Varma could become the first High Court judge to be removed from office since India gained independence.

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