SC flags flaw in bid to remove justice Varma

IMPEACHMENT PROCEEDINGS IN PARL

- Abraham Thomas

The Supreme Court on Tuesday observed a major flaw in the ongoing removal proceedings in Parliament against justice Yashwant Varma of the Allahabad high court, who is at the centre of a controversy following the recovery of cash from his official residence in Delhi.

Justice Varma, who identified himself as "X" in the petition filed through advocate Vaibhav Niti last week, submitted that the proviso to section 3(2) of the Judges (Inquiry) Act, 1968 requires that when the motion for removal of a judge is moved simultaneously before both the Houses of Parliament, no committee can be constituted till the motion is admitted in both Houses. Further, it provides that once the motion is admitted by both Houses, the inquiry committee should be jointly constituted by the Speaker and Chairman of the Rajya Sabha.

In the present case, the motion for removal of justice Varma was moved in both Houses on July 21. However, the Speaker admitted the motion on August 12 and formed a committee while the motion in the Rajya Sabha is still pending.