New Delhi, Aug 7 (PTI) In a significant development, the Supreme Court on Thursday rejected the plea of Allahabad High Court judge Yashwant Varma, who sought to invalidate an in-house inquiry report that found him guilty of misconduct connected to the discovery of cash at his official residence. Justice Varma's petition marks a major setback as the scandal surrounding him unfolded in March when a large amount of partially burnt cash was found following a fire at his Delhi residence.
A bench consisting of Justices Dipankar Datta and A G Masih expressed that Justice Varma's actions did not inspire confidence. Justice Varma had additionally requested the quashing of a recommendation made on May 8 by then Chief Justice of India Sanjiv Khanna, advocating for Parliament to initiate impeachment proceedings against him.
The Supreme Court detailed that all procedures adhered to protocol, with the exception of not uploading video footage and photographs of the incident. "We held that uploading was not a requirement as per procedure. But crucially, this omission does not affect the outcome because the issue was not contested at the proper time, and there are no related relief claims in the writ petition," stated Justice Datta while delivering the judgment.
The apex court also upheld the in-house procedure, stating that it was executed correctly by the judges' committee led by the then CJI, and subsequent recommendations to the prime minister and president for Justice Varma's removal adhered to legal standards. The court recognized the in-house procedure as possessing legal sanctity within the constitutional framework and confirmed that Justice Varma's fundamental rights were not violated.
Justice Varma retains the right to raise his arguments during any potential impeachment proceedings. Earlier, the Supreme Court communicated to Justice Varma that his conduct lacked credibility and underscored the CJI's duty to act on judicial misconduct, highlighting that the CJI is not merely a procedural figurehead but holds national responsibilities.
Additionally, the court dismissed a petition filed by advocate Mathews J Nedumpara, which sought the registration of an FIR against Justice Varma for allegedly abusing court processes.
In earlier proceedings, as the court reserved its decision on July 30, questions were raised towards Justice Varma regarding his decision to move to the apex court after being found guilty of misconduct by the committee.
In his defense, Justice Varma argued that the inquiry reversed the burden of proof, compelling him to disprove the accusations against him rather than requiring proof from the panel. He claimed the panel was driven by expedience, prioritizing a rapid conclusion over procedural fairness. Moreover, he contended that he was not accorded a fair hearing.
The inquiry report implicated Justice Varma, stating he and his family had either covert or active control over the storeroom where the cash was found, suggesting misconduct sufficiently severe to warrant his removal. The three-judge panel chaired by Chief Justice Sheel Nagu of the Punjab and Haryana High Court carried out a thorough 10-day investigation, calling 55 witnesses and examining the site of the fire, which commenced at approximately 11.35 pm on March 14 at Justice Varma's residence when he was serving as a Delhi High Court judge.
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