Govt weighing option of impeachment motion against Justice Yashwant Varma

The Union government is weighing the option of bringing in Parliament an impeachment motion against Allahabad High Court judge Yashwant Varma, who has been indicted by a Supreme Court-appointed probe panel after the discovery of a huge sum of burnt cash from his official residence in the national capital.

Sources in the government said an impeachment motion in Parliament, which meets next during the Monsoon Session starting in the second half of July, is an obvious choice if Justice Varma, who was repatriated from Delhi High Court to Allahabad High Court after the unsavoury incident, does not resign on his own.

Former CJI had recommended impeachment

The then- Chief Justice of India Sanjiv Khanna had written to the president and the prime minister recommending his impeachment. Khanna sent the letter after an in-house inquiry panel constituted by the apex court indicted Varma, though its findings were not made public.

The inquiry panel comprised of Justice GS Sandhawalia, Chief Justice of Himachal Pradesh High Court, Justice Sheel Nagu, Chief Justice of Punjab & Haryana High Court, and Justice Anu Sivaraman, judge of Karnataka High Court.

It is learnt that the president has referred the former CJI’s recommendation to the Lok Sabha Speaker and the chairman of the Rajya Sabha.

CJI Khanna had nudged Varma to resign but he had refused, sources said.

Also Read: Cash discovery row: SC says no to plea for FIR against Justice Yashwant Varma

An official source, however, added that a formal process for the action against Varma has not begun yet.

Varma has claimed innocence, denying any link to the cash that was discovered following a fire at his outhouse.

Government sources said they would take opposition parties into confidence before moving against Varma, who has faced criticism from political parties across the spectrum.

"A final decision on the matter will be taken soon. It is difficult to ignore such a visible scandal," a source said.

The impeachment process

According to the Constitution, a judge of a constitutional court can only be removed on two grounds – “incapacity” or “proved misbehaviour”.

The procedure to be followed is spelt out in the Judges Inquiry Act, 1968.

An impeachment motion could be brought in either of the two Houses of Parliament. In the Rajya Sabha, at least 50 members have to sign the motion, and in the Lok Sabha, 100 members have to support it.

Once the motion is passed with a two-thirds vote in support, the Lok Sabha speaker or the Rajya Sabha chairman writes to the CJI to nominate a sitting Supreme Court judge and a chief justice of a high court for a probe committee.

Also Read: Cash discovery row: CJI shares inquiry report, Justice Varma's response with President, PM

The government, on its part, nominates an "eminent jurist" to the panel that investigates the charges mentioned in the motion.

If the probe committee renders a guilty finding, its report is adopted by the House in which it was introduced, and the question of the judge’s removal is debated.

For an impeachment motion to succeed, at least two-thirds of those present and voting in both Houses should vote in favour of removing the judge. The number of votes in favour of the motion should also be more than 50 per cent of the total membership of each House.

After Parliament passes such a vote, the President will pass an order for the removal of the judge.

Also Read: Justice Yashwant Varma case: 'It's a litmus test for judiciary'

Govt keen on consensus

The government, the sources said, would like the motion to be supported by all parties and would consult them on the draft of the motion, which will carry the findings of the three-member committee that investigated the discovery of wads of half-burnt cash from the residence of the judge who was then with the Delhi High Court.

He was later repatriated to the Allahabad HC.

(With inputs from agencies)