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Informist, Wednesday, May 28, 2025

NEW DELHI – Communist Party of India parliamentarian P. Sandosh Kumar Wednesday wrote to all political parties seeking the initiation of impeachment proceedings against Justice Yashwant Varma of the Allahabad High Court following the recovery of a huge stash of cash at his official residence in New Delhi in March. Justice Varma was a judge of the Delhi High Court at the time.

"If proven true, these allegations are not only a gross betrayal of public trust but also a serious affront to the integrity of our judicial institutions," said Sandosh, a member of the Rajya Sabha, in his letter. The letter stresses the need for Parliament to act decisively in the light of such serious allegations, invoking the provisions of Article 124 and Article 218 of the Constitution to initiate impeachment proceedings.

According to media reports, the government is likely to bring an impeachment motion against Justice Varma in the upcoming Monsoon Session of Parliament. However, a final decision on the matter is pending yet, reports noted. The session is expected to commence by the third week of July.

On May 3, a three-member committee set up by the Supreme Court had found credence in the allegations of the discovery of a pile of currency notes at the residence of Justice Varma. The cash was discovered after a fire broke out in the premises on Mar. 14. On May 8, then chief justice of India Sanjiv Khanna forwarded the panel's report along with a recommendation to remove the judge to President Droupadi Murmu and Prime Minister Narendra Modi.

In his response to the allegations, Justice Varma said that when he arrived at the scene after the fire was extinguished, he did not find any cash or currency at the location. He denied that cash was placed in the storeroom, either by him or any of his family members, and strongly rejected the suggestion that the cash in question belonged to him.

After the incident, the Supreme Court collegium transferred Justice Varma to the Allahabad High Court, and Chief Justice Khanna told Chief Justice Arun Bhansali of the Allahabad High Court not to assign any judicial work to him.

IMPEACHMENT PROCEDURE

The procedure for removal of judges is laid down in the Judges Inquiry Act, 1968. A Supreme Court or High Court judge can be removed on grounds of proven misbehaviour or incapacity. According to the procedure, a motion for removal must be signed by 100 members of the Lok Sabha or 50 members of the Rajya Sabha and submitted to the speaker of the Lok Sabha or the chairman of the Rajya Sabha. Once the motion is admitted, the House concerned set up a three-member committee to investigate the charges.

If the committee finds the judge guilty as charged, the House where the motion was introduced takes it up for consideration. The motion must be passed by two-thirds of the members present and voting. The motion then goes to the other House, which also has to pass it by a two-thirds majority.

Following the passage of the removal motion in both Houses, an address is made to the president for the removal of the judge. Thereafter, the president passes an order terminating the judge's service.  End

Reported by Kuldeep Singh

Edited by Nishant Maher

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