The impeachment process against former Delhi High Court judge Justice Yashwant Varma has begun in the Lok Sabha after 145 MPs submitted a memorandum, following the shocking discovery of burnt notes at his residence.
The impeachment process for Justice Yashwant Varma, the former Delhi High Court judge whose residence contained “piles of burnt Rs 500 notes,” commenced on Monday afternoon after 145 MPs from both ruling and opposition parties submitted a memorandum to Lok Sabha Speaker Om Birla.
Sources indicated that MPs from opposition parties, including the Congress and the Communist Party of India (Marxist), as well as members from the ruling Bharatiya Janata Party and its partners such as the Telugu Desam Party, Janata Dal United, and Janata Dal Secular signed the memorandum.
Notable signatories include former union minister Anurag Thakur from the BJP, Rahul Gandhi from the Congress, and Supriya Sule from the Nationalist Congress Party faction led by Sharad Pawar.
Impeachment is a constitutional process designed to remove a sitting judge, particularly those from the Supreme Court or a state High Court, from their position. Once appointed, judges cannot be dismissed without an order from the President, who must obtain the approval of Parliament.
While the Constitution does not explicitly use the term ‘impeachment,’ the procedure for removing judges is detailed in the Judges Inquiry Act of 1968 and referenced in two constitutional articles: Article 124 (pertaining to Supreme Court judges) and Article 218 (applicable to High Court judges).
An impeachment motion can be initiated in either House of Parliament.
To advance, the motion must be signed by at least 50 MPs in the Rajya Sabha, while the requirement in the Lok Sabha is 100 signatures. Once this threshold is met, the Chair of the Rajya Sabha or the Speaker of the Lok Sabha depending on which House accepts the motion will assess the relevant materials.
On Sunday, Parliamentary Affairs Minister Kiren Rijiju confirmed that a significant number of MPs, including at least three dozen from the Congress, had endorsed the memorandum.
The government has expressed its intention to pursue the removal of Justice Varma, who has since returned to his parent High Court in Allahabad and has stepped down from active duty.
Earlier, Justice Yashwant Varma moved the Supreme Court challenging a report of a three-judge panel that found him guilty in connection with the discovery of unaccounted cash at his residence.
While the Union government is reportedly preparing to begin the impeachment process, the Union Law Minister’s statement aims to make it clear that the government is not playing an active role in either the impeachment move or the legal challenge filed by the judge.
The committee, which included Chief Justice Sheel Nagu from the Punjab and Haryana High Court, Chief Justice GS Sandhawalia from the Himachal High Court, and Justice Anu Sivaraman from the Karnataka High Court, investigated the allegations related to the discovery of cash at Justice Varma’s residence.
They commenced their investigation on March 25 and completed the report by May 3, which was subsequently submitted to then Chief Justice of India (CJI) Sanjiv Khanna on May 4.
The report found the judge culpable, leading the CJI to forward it to the President while recommending Justice Varma’s impeachment.
Following this, he was transferred back to the Allahabad High Court, and an inquiry initiated by Khanna found him culpable.
After Varma refused to resign, Khanna referred the matter to the President and the Prime Minister.
The committee determined, based on forensic and electronic evidence, that the currency was secretly removed in the early hours of March 15, just prior to the matter becoming public.
A fire broke out at Justice Varma’s home on the evening of March 14, during which unaccounted cash was inadvertently found by firefighters.
Also Read: Plea in Allahabad High Court: ‘Withhold Oath of Justice Yashwant Varma’
A video depicting the recovery of the burnt cash was reportedly shared by the Delhi Police Commissioner with the Chief Justice of the High Court.
At the time of the incident, Justice Varma and his wife were traveling in Madhya Pradesh, leaving only their daughter and elderly mother at home. On March 21, the Chief Justice of India (CJI) initiated an internal investigation into the allegations, appointing a three-member committee to carry out the inquiry.