NEW DELHI: The Supreme Court on Friday in its verdict rejected the petition filed by the Allahabad High Court judge, Justice Yashwant Varma, challenging the legality of the parliamentary panel probing corruption charges against him.
A two-judge bench of the apex court, headed by Justice Dipankar Datta and Justice SC Sharma, pronounced it on Friday and rejected the petition of Justice Varma.
The top court had reserved its decision on January 8, after hearing senior advocates Mukul Rohatgi, Siddharth Luthra, appearing for Justice Varma and the Solicitor General Tushar Mehta, representing both houses of Parliament.
During the hearing, Rohtagi and Luthra questioned the procedure adopted in setting up the parliamentary panel and said under the Judges (inquiry) Act of 1968, only the Speaker of Lok Sabha and the chairman of Rajya Sabha are entitled to admit the motion for removal of a judge from office.
The Supreme Court pronounced the judgment on hearing the plea filed by Justice Varma challenging the impeachment proceedings against him on the ground that the Judges Inquiry Act, 1968, was not followed and that the motion was not passed by both Houses on the same day.
Justice Varma, against whom a Parliamentary Committee has been constituted under the Judges (Inquiry) Act, 1968, to probe corruption charges, sought appropriate orders from the top court on the issue. He has also challenged the legality of the three-member committee constituted solely by the Lok Sabha under the procedure provided by the Judges Inquiry Act.
Justice Varma, in his plea filed in the top court, said that the introduction of the motion regarding his removal in both the Houses of Parliament mandates that the constitution of a three-member committee must have been formed jointly by both the Lok Sabha and Rajya Sabha and not unilaterally by the Speaker of the Lok Sabha.
Earlier, the three-member inquiry panel found piles of burnt and unburnt cash at the residence of Justice Varma after examining more than 55 witnesses thoroughly, and the committee recommended his removal.
The panel in its 64-page report indicted him for his misconduct. "This committee holds the money/cash that was found in the storeroom located within the premises of 30 Tughlaq Crescent... officially occupied by Justice Varma," the probe panel said.
It further added that there was no plausible explanation on the part of Justice Varma with respect to his statement that he did not have of any knowledge of the cash.
"It is unbelievable. If there was any conspiracy, why did he not file a complaint or inform the Chief Justice of the High Court or the Chief Justice of India?", it said.
Justice Varma claimed innocence in the entire case and said he has "not done any wrongdoing or offence."