The offices of Lok Sabha Speaker Om Birla and Rajya Sabha Chairman Jagdeep Dhankhar have not yet received the report sent by former Chief Justice of India Sanjiv Khanna regarding Justice Yashwant Varma, currently posted at the Allahabad High Court.
The offices of Lok Sabha Speaker Om Birla and Rajya Sabha Chairman Jagdeep Dhankhar have still not received any official report regarding Justice Yashwant Varma, a Delhi High Court judge who was transferred to the Allahabad High Court.
The report was earlier sent by the then Chief Justice of India (CJI) Sanjiv Khanna to the President of India and the Prime Minister.
This clearly shows that there has been no progress yet on starting an impeachment motion against the judge in the upcoming monsoon session of Parliament, which usually begins in July.
Justice Yashwant Varma is now serving at the Allahabad High Court, but on the instructions of the current CJI, he has not been given any judicial work.
According to PTI, “Justice Varma is currently a judge of the Allahabad high court and on the CJI’s instruction, no judicial work is being assigned to him.”
The government is also taking its time before taking any concrete step. A senior government official, who did not want to be named, explained that the government is in no hurry to begin the impeachment process. This is because the judge was transferred to Allahabad High Court after unaccounted cash and partially burnt currency notes were found in a room at his official residence in Delhi.
On March 14, a fire broke out at the Delhi bungalow of Justice Varma. During firefighting efforts, Delhi Fire Service and police officials found a sack full of half-burnt currency notes in a storeroom. The police even recorded a video of the cash. These discoveries led to an internal inquiry ordered by the then Chief Justice of India Sanjiv Khanna.
CJI Sanjiv Khanna set up a three-member enquiry committee that included:
- Justice Sheel Nagu, Chief Justice of Punjab and Haryana High Court
- Justice G.S. Sandhawalia, Chief Justice of Himachal Pradesh High Court
- Justice Anu Sivaraman, Judge of Karnataka High Court
This panel submitted its report to CJI Khanna on May 5, confirming that cash was indeed recovered from Justice Varma’s residence. The cash was stored in the room where the fire had occurred.
A top officer from Parliament told Hindustan Times that Lok Sabha Speaker Om Birla is yet to receive any such report and hence, no preparations have started for impeachment in the Lok Sabha Secretariat. Similarly, a second official stated that Rajya Sabha Chairman Dhankhar’s office also has not received any communication in this matter.
A fourth person aware of the situation said that the government has not indicated any plans to call a special session to mark 50 years of the Emergency on June 25, as had been speculated in some media reports.
Earlier, The Central Government is likely to bring an impeachment motion in Parliament against Allahabad High Court judge Justice Yashwant Varma during the upcoming Monsoon Session, after a serious allegation emerged involving a large amount of burnt cash found at his official residence in New Delhi earlier this year.
According to a report, a probe committee appointed by the Supreme Court has found Justice Varma guilty of misconduct. This committee was formed following the discovery of the cash in March. The report said the government might go ahead with the impeachment if Justice Varma does not resign.
As a senior government source was quoted saying: “A final decision on the matter will be taken soon. It is difficult to ignore such a visible scandal.”
In his covering letter to the report, former CJI Sanjiv Khanna informed the President and Prime Minister that Justice Varma has the option to resign or seek voluntary retirement.
“Justice Varma is currently a judge of the Allahabad high court and on the CJI’s instruction, no judicial work is being assigned to him.”
However, sources close to the government say they will wait first to see if Justice Varma chooses to resign before starting any impeachment process.
As one government functionary put it: “An impeachment motion can come only in the monsoon session, which usually starts in July. So, what is the hurry?”
Under Article 218 of the Indian Constitution, a High Court judge can only be removed using the procedure listed under Article 124, which also applies to Supreme Court judges. The Constitution clearly states:
“A high court judge shall not be removed from his office except by an order of the President passed after an address by each house of Parliament supported by a majority of the total membership of that house and by a majority of not less than two-third of the members of the house present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.”
The impeachment process can start in either House of Parliament:
- In Lok Sabha, at least 100 MPs must sign the notice.
- In Rajya Sabha, at least 50 MPs are needed to sign the notice.
According to PRS Legislative Research,
“The Speaker or Chairman may consult individuals and examine relevant material related to the notice. Based on this, he or she may decide to either admit the motion or refuse to admit it.”
Once the motion is admitted, the Speaker or Chairman will form a three-member committee to look into the complaint.
This panel will consist of:
- A Supreme Court judge
- A Chief Justice of a High Court
- A distinguished jurist
PRS added:
“The committee will frame charges based on which the investigation will be conducted. A copy of the charges will be forwarded to the judge who can present a written defence.”
After the investigation, the committee will submit its report to the Speaker or Chairman, who will then present the report in the House. If the committee finds the judge guilty of misbehaviour or incapacity, the motion for removal is taken up for debate.
Again, Article 124 reiterates:
“The motion must be supported by a majority of the total membership of that house and by a majority of not less than two-third of the members of the house present and voting has been presented to the President in the same session for such removal on the ground of proved misbehavior or incapacity.”
Once both Houses pass the motion, it is sent to the President, who can then issue an order to remove the judge from office.
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