The Central government has appointed Additional Solicitor General of India Raja Thakare to assist the three-member Inquiry Committee constituted in connection with the impeachment proceedings initiated against Justice Yashwant Varma of the Allahabad High Court.
As per a notification issued by the Ministry of Law & Justice on Friday, ASG Thakare would assist the Inquiry Committee to investigate and record findings on the allegations forming the basis of the impeachment motion for the removal of Justice Varma.
The Inquiry Committee has been constituted under the Judges (Inquiry) Act, 1968, read with Articles 124(4) and 217(1)(b) of the Constitution of India. It comprises Justice Arvind Kumar of the Supreme Court; Justice MM Shrivastava, Chief Justice of the Madras High Court; and Vasudeva Acharya, Senior Advocate of the Karnataka High Court. The Committee would investigate and record findings on the allegations forming the basis of the motion for the removal of Justice Varma.
The proceedings trace their origin to a controversy arising from the accidental discovery of unaccounted cash at Justice Varma’s official residence following a fire incident. In the aftermath, the then Chief Justice of India invoked the in-house procedure evolved by the Supreme Court for addressing complaints of judicial misconduct. Upon a prima facie assessment, the allegations were found to merit further action, leading to an option being extended to Justice Varma to either tender his resignation or seek voluntary retirement.
Following his refusal, impeachment motions were introduced in both Houses of Parliament. During the interregnum, Justice Varma invoked the jurisdiction of the Supreme Court on multiple occasions. In his first challenge, he questioned the validity of the in-house procedure and the recommendation of the Chief Justice of India, contending that it caused institutional prejudice and compromised his right to a fair process. The Supreme Court declined to interfere, observing that having participated in the procedure, Justice Varma could not assail its outcome as an afterthought merely because it was adverse to him.
Subsequently, Justice Varma assailed the constitution of the Inquiry Committee by the Speaker of the Lok Sabha, arguing that the Judges (Inquiry) Act, 1968 envisages a joint constitution of the Committee by the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha when motions are presented in both Houses. This challenge was also repelled by the Supreme Court.
The Bench of Justice Dipankar Datta and Justice Satish Chandra Sharma held that while the impeachment motion was admitted by the Speaker of the Lok Sabha, no such admission had taken place in the Rajya Sabha. The Court clarified that the provisions of the 1968 Act cannot be interpreted in a manner that renders an admitted motion in one House nugatory. Such an interpretation, the Bench observed, would defeat the legislative intent underlying the constitutional and statutory scheme for judicial accountability.
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