New Delhi: Chief Justice of India (CJI) BR Gavai on Wednesday recused himself from hearing the petition challenging the in-house committee report that indicted Justice Yashwant Varma following the recovery of a large stash of partially burnt cash from his residence in March.
Kapil Sibal seeks early listing; CJI recuses from hearing
Justice Gavai said a fresh bench will be constituted to hear Justice Verma’s petition challenging the findings of the in-house committee that indicted him.
Senior advocate Kapil Sibal, representing Justice Varma, raised the matter before a bench headed by CJI Gavai. He stressed the presence of important constitutional questions and requested an early hearing.
However, CJI Gavai stated, “It will not be appropriate for me to take up this matter as I was part of the committee. I will constitute a separate bench.”
In-house committee indicted Justice Varma
The three-member panel was headed by Chief Justice Sheel Nagu of Punjab and Haryana High Court and comprised Himachal Pradesh High Court Chief Justice G S Sandhawalia and Karnataka High Court’s Justice Anu Sivaraman. The committee was formed on March 22 by then CJI Sanjiv Khanna.
The panel conducted the inquiry for 10 days, examining 55 witnesses and physically examining Justice Varma’s official residence in Delhi. The accidental fire in Justice Varma’s official residence on March 14 led to the alleged discovery of large amounts of burnt cash. Justice Varma was then a sitting judge of the Delhi High Court.
The panel submitted the report on May 4. The findings held Justice Varma and his family accountable for having control over the storeroom where the cash was found. Based on this, the then-CJI Sanjiv Khanna forwarded the report and Justice Varma’s reply to President Droupadi Murmu and PM Modi, recommending impeachment.
Subsequently, 152 Lok Sabha MPs from multiple parties signed a motion seeking Justice Varma’s removal under Articles 124, 217, and 218 of the Constitution. A similar motion was moved in the Rajya Sabha with over 50 MPs supporting it.
The then Vice President Jagdeep Dhankhar asked the Secretary-General to initiate further steps for impeachment.
Not given fair hearing: Justice Varma
In his petition, Justice Varma argued that the panel’s conclusions were predetermined, and the inquiry was conducted in undue haste, compromising procedural fairness. He stated he was not given a full and fair hearing.
