Supreme Court pulls up Justice Yashwant Varma over committee appearance

Observing that Justice Yashwant Varmas conduct does not inspire confidence the Supreme Court on Wednesday posed sharp questions to the judge seeking invalidation of a report by an inhouse inquiry panel which found him guilty of misconduct in the cash discovery row reported news agency PTIThe top court asked Justice Varma why he appeared before the inhouse inquiry committee and did not challenge it then and thereIt told Justice Varma that he should have come earlier to the apex court against the inhouse inquiry panels report reported PTIA bench of Justices Dipankar Datta and AG Masih said if the Chief Justice of India has material to believe that there is misconduct by a judge then he can inform the president and the prime minister reported PTIWhether to proceed or not to proceed is a political decision But the judiciary has to send a message to the society that the process has been followed the bench observed reported PTISenior advocate Kapil Sibal appearing for Justice Varma submitted that the inhouse inquiry panels recommendation for his removal is unconstitutionalSibal told the court that the recommendation of proceedings for removal in this manner would set a dangerous precedentHe said Justice Varma did not approach earlier as the tape was released and his reputation was already damagedThe top court also pulled advocate Mathews J Nedumpara seeking registration of an FIR against Justice Varma reported PTIDuring the hearing Justice Dipankar Datta questioned Nedumpara on whether he had even approached the police with a formal complaint before seeking the registration of an FIR reported PTIThe top court reserved its order on Justice Varmas petition challenging the inhouse inquiry procedure and the Chief Justice of Indias recommendation for his removalIt also reserved its order on a separate petition filed by Nedumpara seeking registration of an FIRJustice Varma has also sought quashing of the May 8 recommendation by then Chief Justice of India Sanjiv Khanna urging Parliament to initiate impeachment proceedings against him reported PTIIn his petition Justice Varma submitted that the inquiry reversed the burden of proof requiring him to investigate and disprove the charges levelled against himAlleging that the panels findings were based on a preconceived narrative Justice Varma said the inquiry timelines were driven solely by the urge to conclude proceedings swiftly even at the expense of procedural fairness reported PTIThe petition contended that the inquiry panel drew adverse findings without affording him a full and fair hearingA 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 halfburnt cash was found following a fire incident proving his misconduct which is serious enough to seek his removal reported PTIThe threejudge 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 1135 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 CourtActing on the report then CJI Khanna wrote to President Droupadi Murmu and Prime Minister Narendra Modi recommending the judges impeachmentWith inputs from PTI