SC to set up special bench to hear Justice Varma's plea

The Supreme Court on Wednesday said it would constitute a bench to hear Allahabad High Court judge Justice Yashwant Varma's plea seeking to invalidate a report by an in-house inquiry panel, which found him guilty of misconduct in the cash discovery row. Justice Varma has also sought quashing of the May 8 recommendation by then Chief Justice of India Sanjiv Khanna urging Parliament to initiate impeachment against him. The matter was mentioned for urgent listing before a bench comprising Chief Justice B R Gavai and Justices K Vinod Chandran and Joymalya Bagchi.
Justice Varma has also challenged the recommendation made by the former Chief Justice of India Sanjiv Khanna to the President and the Prime Minister to initiate impeachment proceedings against him. Justice Varma stated in the petition that the in-house inquiry committee made the findings without giving him a fair opportunity to respond. He alleged that the committee proceeded in a pre-determined fashion and even without finding any concrete evidence, merely drew adverse inferences against him after reversing the burden of proof.
Senior advocate Kapil Sibal, who mentioned the matter for Justice Varma, said the plea was in respect of recommendation made by the then CJI for removal of Justice Varma. “We have raised some constitutional issues. I request your lordships to list it as early as possible,” he said. The petition contended that the inquiry panel drew adverse findings without affording him a full and fair hearing.
A report of the inquiry panel probing the incident had said that Justice Varma and his family members had covert or active control over the store room where a huge cache of half-burnt cash was found, proving his misconduct which is serious enough to seek his removal. The three-judge panel headed by Chief Justice Sheel Nagu of the Punjab and Haryana High Court conducted the inquiry for 10 days, examined 55 witnesses and visited the scene of the accidental fire that started at around 11.35 pm on March 14 at the official residence of Justice Varma, then a sitting judge of the Delhi High Court and now in the Allahabad High Court. Acting on the report, then CJI Khanna wrote to President Droupadi Murmu and Prime Minister Narendra Modi recommending the judge’s impeachment.