New Delhi [India], August 13 : The Lok Sabha has initiated impeachment proceedings against Justice Yashwant Varma, over allegations of recovery of burnt cash from his residence when he was a judge of the Delhi High Court.
The motion, signed by 146 MPs, was accepted by Lok Sabha Speaker Om Birla, who announced the formation of a three-member panel to investigate the allegations against Justice Varma.
The committee comprises Justice Aravind Kumar of the Supreme Court, Justice Maninder Mohan Shrivastava of the Madras High Court, and senior advocate BV Acharya.
The panel will review evidence, cross-examine witnesses, and submit its report to Parliament. If found guilty, Justice Varma's removal would require a two-thirds majority vote in both the Lok Sabha and Rajya Sabha.
On August 7, the Supreme Court dismissed a plea filed by Justice Varma, now at the Allahabad High Court, challenging the in-house inquiry panel's report and former Chief Justice of India (CJI) Sanjiv Khanna's recommendation to initiate impeachment proceedings against him.
The top court questioned why Justice Varma chose to appear before the in-house inquiry panel if he believed it was unconstitutional, and why he is challenging it only now, after the proceedings have concluded.
Both the ruling coalition and opposition parties appear united in their support for the impeachment motion, suggesting a smooth process ahead.
Congress leader Pawan Khera said that several MPs had already signed for Justice Varma's impeachment and wondered about the "backing out" by the government earlier.
"All our MPs had signed this long ago, and we don't know why the government was backing out. People need an answer to this," Khera said.
Congress MP Shashi Tharoor said that the three-member panel formed to investigate allegations against Justice Yashwant Varma will follow the proper process. He said the committee will examine all evidence before making a decision.
Speaking to reporters, Tharoor said, "The process will have to take its course. There is a certain procedure, and I don't think one has to make any comments now. The decision has been made to constitute an impeachment committee. They'll have to look into all the evidence and come to a conclusion."
Union Minister Ramdas Athawale said there are "allegations of corruption" against Judge Yashwant Varma.
"It was the responsibility of Parliament, and a three-member committee has been formed to investigate," Athawale told ANI.
Senior Advocate Vikas Pahwa cautioned against forming an opinion at the initial stage, despite the fact that the Lok Sabha speaker accepting the motion to remove Justice Varma, as it was only an initiation of the process. Emphasising principles of natural justice, he said that these proceedings were similar to a court trial.
"He (Lok Sabha Speaker) has admitted, which means he is convinced that there is some allegation. However, we should not form any opinion at this stage, as this is only the beginning of the process. These proceedings under the Act are like a trial in court. So now the committee has been constituted, and the committee will go into the entire allegation. Charges will be framed in a manner similar to those in court. And then there are lawyers who are appointed from both sides. The judge has an option to engage a lawyer. The committee will have a lawyer. And then the principle of natural justice has to be complied with," Pahwa told ANI.
Supreme Court Advocate Ashwani Kumar Dubey said that the discovery of cash at Justice Varma's residence evoked discussions in the corridors about the conduct of a detailed inquiry. Thus, he said that setting up the three-member committee was an important move.
"The formation of a committee comprising a Supreme Court judge, a Chief Justice of the Rajasthan High Court and an eminent jurist by the Lok Sabha speaker is a welcome move. The allegations were made and the cash recovered from Justice Yashwant Verma's official residence sparked numerous discussions in the corridors about conducting a detailed inquiry. These included questions about whose money was involved, its purpose, and the identities of the other accused. So this is an important and welcome move, and as soon as the inquiry report is submitted to the speaker, further action will be taken in the matter," Dubey told ANI.
Earlier, Union Parliamentary Affairs Minister Rijiju stated that signatures of over 100 MPs have been collected for the impeachment process against Justice Verma, who is currently under scrutiny following the discovery of burnt cash at his residence.
On July 21, Members of Parliament submitted a memorandum to the Lok Sabha Speaker Om Birla to remove High Court Justice Yashwant Varma in connection with the cash discovery row.