The Supreme Court on Tuesday reserved its decision on a petition filed by Justice Yashwant Varma of the Allahabad High Court, who has questioned the validity of an inquiry committee constituted by the Speaker of the Lok Sabha to examine allegations against him.
A bench comprising Justice Dipankar Datta and Justice Satish Chandra Sharma heard the matter, which arises from impeachment notices moved in both Houses of Parliament following the alleged recovery of unaccounted cash from Justice Varma’s official residence.
Justice Varma has argued that the constitution of the three-member inquiry committee under the Judges (Inquiry) Act, 1968 was procedurally flawed. According to him, since impeachment motions were submitted simultaneously in the Lok Sabha and the Rajya Sabha, the law required a different course of action, including coordination between both Houses, before any committee could be formed.
During earlier hearings, the Supreme Court had observed that there appeared to be prima facie procedural irregularities in the Speaker’s decision to go ahead with the committee. However, the bench made it clear that it would need to assess whether such irregularities were serious enough to invalidate the inquiry altogether.
One of the key issues raised in the petition is the rejection of the impeachment notice in the Rajya Sabha by the Deputy Chairman. Justice Varma’s counsel contended that this decision itself was legally unsustainable and that the Lok Sabha Speaker ought to have awaited a final determination by the Upper House before proceeding independently.
The court will now examine whether the actions taken by parliamentary authorities complied with the constitutional framework governing judicial impeachment and whether judicial review is warranted at this stage. The judgment, once delivered, is expected to clarify the procedural safeguards applicable to impeachment proceedings against members of the higher judiciary.
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