Chief Justice of India (CJI) BR Gavai on Wednesday recused himself from hearing a petition filed by Allahabad High Court judge Justice Yashwant Varma, who has challenged the report of an internal inquiry that had held him responsible after a large amount of unexplained money was found at his official residence in Delhi.
As per a report by legal news portal Bar and Bench, Senior Advocate Kapil Sibal, who was appearing for Justice Varma, drew the attention of the CJI to the issue, asking that it be listed for an urgent hearing.
"This is some constitutional problem. If it could be listed as early as possible," Sibal submitted.
In response, CJI Gavai clarified why he was recusing himself: "It will not be possible for me to take up this matter because I was also part of the committee. We will list it," he replied. His statement seemed to refer to his earlier participation in the initial step taken under the previous CJI Sanjiv Khanna's tenure.
Meanwhile, the Union government, led by Prime Minister Narendra Modi, is reportedly considering introducing an impeachment motion in Parliament to remove Justice Varma.
In his plea in the Supreme Court, Justice Varma has sought to declare as unconstitutional the suggestion made by former CJI Khanna for his removal from the High Court bench. He has expressed grave reservations about the in-house method employed to consider grievances against judges, claiming that it is an unofficial process beyond the parameters of the Constitution and erodes the powers exclusively conferred on Parliament to remove High Court judges.
Justice Varma also contended that the internal probe does not enjoy the procedural safeguards extended under the Judges (Inquiry) Act of 1968.
The case took a turn for public attention on March 15, when firefighters attending a fire in Justice Varma's government bungalow in central Delhi were said to have discovered piles of charred currency notes. Justice Varma has categorically denied any linkage with the money, brushing off the charges of impropriety against him and his family as "preposterous.
Subsequently, the Supreme Court formed an in-house committee which subsequently suggested his impeachment. The report of the panel was forwarded to President Droupadi Murmu and Prime Minister Modi by then CJI Khanna.
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