Today, On 3rd July, The government has set up a panel to begin impeachment proceedings against Justice Yashwant Varma after cash was found at his residence. The committee has been given a 3-month deadline to submit its findings.
The central government decided to set up a high‐level committee to begin proceedings for the impeachment of Justice Yashwant Varma, a judge now serving at the Allahabad High Court, over the discovery of large sums of cash at his official residence.
The panel is expected to submit its report within three months, clearing the way for a formal impeachment motion in the upcoming monsoon parliamentary session.
Prominent opposition parties have expressed their preliminary agreement to support the motion for the removal of Allahabad High Court judge Yashwant Varma, with the signature collection process expected to commence shortly, Union minister Kiren Rijiju announced on Thursday.
He noted that the government has not yet determined whether the motion will be introduced in the Lok Sabha or the Rajya Sabha.
For the Lok Sabha, a minimum of 100 MPs’ signatures is needed, while the Rajya Sabha requires at least 50 MPs’ support.
Rijiju mentioned that signatures will be gathered once the government decides which House will handle the motion.
According to the Judges (Inquiry) Act of 1968, once a motion to remove a judge is accepted in either House, the speaker or chairman will form a three-member committee to investigate the reasons behind the removal request, commonly referred to as impeachment.
This committee will include the Chief Justice of India (CJI) or a Supreme Court judge, the chief justice of one of the 25 high courts, and a “distinguished jurist.” Rijiju emphasized that since the case involves allegations of corruption within the judiciary, the government aims to have the backing of all political parties.
He said the government is yet to decide whether the motion would be brought in the Lok Sabha or Rajya Sabha.
On the evening of March 14th, a fire erupted at Justice Varma’s Delhi residence. While Justice Varma and his wife were traveling in Madhya Pradesh, his daughter and elderly mother were present when the fire broke out.
Firefighters responding to the scene reportedly discovered a substantial amount of unaccounted cash.
A video subsequently emerged depicting bundles of currency engulfed in flames, sparking allegations of corruption against Justice Varma. He refuted these accusations, suggesting a conspiracy to discredit him.
In response, the Former Chief Justice of India (CJI) launched an internal investigation, forming a three-member committee on March 22nd to conduct an inquiry.
The Delhi Police Commissioner shared the video of the burnt cash with the Chief Justice of the High Court. The Supreme Court later released the video to the public. In an unusual move, the Supreme Court also published a report from the Delhi High Court Chief Justice concerning the incident, along with Justice Varma’s reply.
The Supreme Court Collegium’s decision to transfer Justice Varma amid this controversy faced significant opposition from lawyers’ associations in Uttar Pradesh. However, the Central government approved the transfer on March 28.
The Central Government announced the transfer of Justice Yashwant Varma of the Delhi High Court back to his original position at the Allahabad High Court.
This decision followed a recommendation from the Supreme Court Collegium made on March 24.
Also Read: Plea in Allahabad High Court: ‘Withhold Oath of Justice Yashwant Varma’
Although the term impeachment has not been used explicitly, but is used to describe the process for removal of judges from the office. This process provides an essential tool to ensure judicial accountability along with preseving independence of judiciary.
Article 124(4) and 218 outlines the removal process for Supreme Court and High Court judges. the grounds for removal is limited to “proved misbehaviour and incapacity“.