‘Burnt cash’ Judge Yashwant Varma finally to face justice: Parliamentary Affairs Minister Kiren Rijiju says there is all party agreement on impeachment motion against him

On Thursday (3rd July), Parliamentary Affairs Minister Minister Kiren Rijiju said that the opposition has extended in-principle support to the impeachment motion against Allahabad High Court judge Yashwant Varma. The motion will be brought in the upcoming monsoon session starting from 21st July.

Minister Rijiju said that it is yet to be decided whether the impeachment motion will be brought in the Rajya Sabha or the Lok Sabha.

Minister Rijiju added that once the decision is taken about where the motion will be brought, the process of taking signatures of MPs would begin. The minister further stated that since it is a matter of corruption, the government want support of all political parties.

In response to a question concerning the committee’s report that proved the discovery of unaccounted cash at Justice Varma’s home, he stated that the three-judge panel’s report was intended to suggest further steps because Parliament could only dismiss a judge. Several burned sacks of cash were found in the outhouse during a March fire incident at Justice Varma’s Delhi residence.

In June this year, a panel consisting of three judges from the Supreme Court has proposed the dismissal of Justice Yashwant Varma. The committee recommended the dismissal of Varma from his position which is detailed in a 64-page report that was forwarded to both the President and the Prime Minister. The report explicitly mentioned that the burnt notes were discovered in the storeroom of his official residence.

Only Varma and his family were allowed access to the storeroom as no outsiders could access it. The investigation uncovered that during the process of extinguishing the fire, the firefighters observed “partially burned notes.” A witness even remarked that he had encountered such a vast pile of cash for the first time in his life.

The committee acknowledged that such a large quantity of notes could not have been kept there without the permission of Varma or his family. 

How judges are impeached

Notably, the Judges (Inquiry) Act of 1968 states that if a motion to remove a judge is accepted in any House, the speaker or chairman, as the case may be, will appoint a three-member committee to investigate the reasons behind the request for removal or impeachment. The committee comprises the CJI or a Supreme Court judge, the chief justice of one of the 25 high courts and an eminent jurist.

The Committee frames charges and asks the judge to give a written response. The judge also has the right to examine witnesses.  After the inquiry, the committee determines whether the charges are valid or not.  It then submits its report.

If the inquiry committee finds that the judge is not guilty, then there is no further action.  If they find him guilty, then the House of Parliament which initiated the motion may consider continuing with the motion. The motion is debated.  The judge (or his representative) has the right to represent his case.  After that, the motion is voted upon. 

If there is two-thirds support of those voting, and majority support of the total strength of the House, it is considered to have passed.  The process is then repeated in the other House. After that, the Houses send an address to the President asking that the judge be removed from office.

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