Justice Yashwant Varma Moves Supreme Court
Allahabad High Court judge Yashwant Varma has approached the Supreme Court challenging the constitution of an inquiry committee formed by the Lok Sabha Speaker to examine allegations against him. The case raises questions over the procedure followed for initiating impeachment-related inquiries against sitting judges.
Challenge to Inquiry Committee
In his petition, Justice Varma has argued that the inquiry committee was formed without following the correct legal process laid down under the Judges (Inquiry) Act, 1968. He contended that since motions seeking his removal were submitted in both the Lok Sabha and the Rajya Sabha, the law requires a joint inquiry committee constituted with the involvement of both Houses of Parliament. According to his plea, the Lok Sabha Speaker could not have unilaterally constituted the panel.
Centre and Parliament’s Stand
On behalf of Parliament, it was argued that while a notice was submitted in the Rajya Sabha, it was not formally admitted, leaving only the Lok Sabha motion in force. Based on this position, the Speaker proceeded to set up the inquiry committee. The government maintained that the action was in line with statutory provisions governing judicial impeachment.
Supreme Court’s Observations
The Supreme Court has taken note of the arguments and indicated that there may be procedural issues in the way the inquiry committee was formed. However, the court has not yet delivered a final ruling on whether these issues are significant enough to invalidate the inquiry process. The matter remains under consideration.
Background of the Case
The inquiry relates to allegations that surfaced after a fire incident at Justice Varma’s official residence last year, during which large quantities of burnt currency were reportedly recovered. A preliminary judicial panel examined the incident, following which impeachment proceedings were initiated in Parliament.
Wider Implications
The case is being closely watched as it could set an important precedent on the balance between judicial independence and parliamentary oversight, particularly on how impeachment procedures must be conducted when both Houses of Parliament are involved.
