The Indian government is likely to introduce an impeachment motion against Justice Yashwant Varma following his indictment in the cash discovery row. A Supreme Court inquiry panel had confirmed the cash discovery allegations against the former Delhi High Court judge earlier this month. Former Chief Justice of India Sanjiv Khanna had subsequently written to the president and the prime minister, recommending his impeachment. A formal process for action against Varma may be initiated during the Monsoon Session of Parliament in late July.
According to an Indian Express report, the President has now referred the recommendation of former CJI Khanna to the Chairman of the Rajya Sabha and the Lok Sabha Speaker. The Centre is likely to take up impeachment proceedings against the Justice during upcoming monsoon session. Top sources told the publication that the motion has to be brought in the Parliament since the CJI report had recommended impeachment.
“We will bring the motion in the upcoming session. We will ask both the Rajya Sabha Chairman and the Lok Sabha Speaker to take the sense of the House,” a source told the publication.
The government is also likely to seek consensus from Opposition parties since the final step of impeachment has to be cleared by a two-third majority in both the Houses. Both Chairman Jagdeep Dhankhar and Speaker Om Birla is expected to reach out to these lawmakers “soon” for a consensus.
Reports indicate that the former CJI had nudged Varma to resign but he had refused. An impeachment motion could be brought in either of the two Houses of Parliament. At least 50 members have to sign the motion in the Rajya Sabha while the Lok Sabha requires support from 100 members. It must be passed with two-thirds votes in support. Subsequently the Birla or Dhankhar will have to write to the Chief Justice (now Justice Bhushan Gavai) calling for the nomination of a sitting SC judge and a High Court Chief Justice to a probe committee. The government, on its part, nominates an “eminent jurist” to the panel that investigates the charges mentioned in the motion.
Justice Varma was sworn into the Alllahabad High Court in early April under unusual and contentious circumstances. The judge first came under scrutiny after partially burnt sacks of cash were recovered from his residence following a fire.