A petition filed by Justice Yashwant Varma challenging the findings of a committee that has recommended his impeachment was refused by the Supreme Court. This in-house committee set up post piles of cash that were burnt and were found at Varma’s official residence in March.

The plea was refused by a two-judge bench headed by Justice Dipankar Datta and A.G Masih, the reason for the dismissal being the petition lacked merit and Varma’s conduct has raised doubts.

The court upheld the recommendation submitted by then Chief Justice of India, Sanjiv Khanna. Rather the court said that the parliament can proceed with impeachment of Justice Varma. Varma will be the first HC judge to have impeached post-independence.

More than 145 members’ support

A notice was submitted to Lok Sabha Speaker Om Birla last month by more than 145 members of parliament (both ruling and opposition parties). All members have demanded an investigation under Article 124, 217, and 218 of the Constitution.

What were Varma’s arguments

Justice Varma in his petition stated that the in-house committee did not give him fair hearing and they lacked jurisdiction. Besides, he also argued that the committee can never initiate the removal process, this power is with parliament. He even argued that SC has little or no authority over HC judges. All these arguments were rejected by the bench.

Why did you appear, questioned by SC?

SC even questioned the timing of filing the petition, why didn’t Varma file the petition before the hearing happened on July 28, and he could have denied appearance before the committee as many others have done in the past.  “There have been instances where judges have refused to appear before such panels,” the court observed. “Why did your client participate if he thought it was illegal? Hoping for a favorable outcome does not justify delayed objections,” court questioned Kapil Sibal.

What will be the next steps?

After the dismissal of the petition by SC, the impeachment process will start in Parliament and if it gets a majority with two-thirds, then Justice Varma will become the first HC judge to be impeached.

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