New Delhi, Jan 16: The Supreme Court on Friday dismissed a plea filed by Allahabad High Court judge Justice Yashwant Varma challenging the Lok Sabha Speaker’s decision to admit a motion seeking his removal and the legality of the parliamentary inquiry panel probing corruption charges against him.
A bench comprising Justices Dipankar Datta and S C Sharma, which had reserved its verdict on January 8, pronounced the decision rejecting Justice Varma’s challenge.
During the earlier hearing, the apex court had observed that if the Vice President can exercise the functions of the President in the latter’s absence, the Rajya Sabha Deputy Chairman can similarly exercise the functions of the Chairman. The bench made the remarks while rejecting the submission that the Deputy Chairman lacked authority to act on a motion against a judge under the Judges (Inquiry) Act, 1968, which, according to the petitioner, vested such powers only with the Speaker and the Chairman.
Justice Varma was repatriated from the Delhi High Court to the Allahabad High Court after burnt wads of currency notes were allegedly found at his official residence in New Delhi on March 14.
The Supreme Court had earlier orally observed that there was no bar under the Judges (Inquiry) Act on Lok Sabha Speaker Om Birla constituting an inquiry committee to probe corruption charges, even after a similar motion was rejected in the Rajya Sabha.
Former Chief Justice of India Sanjiv Khanna had ordered an in-house inquiry and constituted a three-member committee comprising Punjab and Haryana High Court Chief Justice Sheel Nagu, Himachal Pradesh High Court Chief Justice G S Sandhawalia, and Karnataka High Court Justice Anu Sivaraman. The panel, in its report submitted on May 4, found Justice Varma guilty of misconduct.
After Justice Varma declined to resign, the then CJI forwarded the report along with the judge’s response to the President and the Prime Minister, paving the way for impeachment proceedings.
Subsequently, Speaker Om Birla admitted a multi-party motion for Justice Varma’s removal on August 12 and set up a three-member inquiry committee comprising Supreme Court judge Justice Aravind Kumar, Madras High Court Chief Justice Manindra Mohan Shrivastava, and senior advocate B V Acharya.
Justice Varma had sought quashing of the Speaker’s action, the admission of the motion, and all consequential proceedings, terming the process unconstitutional and contrary to the Judges (Inquiry) Act. (Agencies)
