A committee of three people will be formed to investigate allegations against Justice Yashwant Varma, following the discovery of massive burnt currency discovered at his residence in Delhi earlier in March, Lok Sabha Speaker Om Birla said on Tuesday.
The Justice Varma investigation committee will consist of Justice Aravind Kumar of the Supreme Court, Justice MM Shrivastava of the Madras High Court, and senior advocate BV Acharya of the Karnataka High Court.
In addition, Mr, Birla admitted an impeachment motion against Justice Varma signed by 146 MPs.
"The process of removal of Justice Yashwant Varma should begin. The Parliament is united against corruption. We have accepted the impeachment motion...People have faith in the judiciary," Mr Birla said.
Under Article 124, Article 217, and Article 218 of the Constitution that concerns the matter of the cash-at-home episode, Justice Yashwant Varma, could become the first High Court Judge of independent India to be ousted from office because Parliament is now pondering over a investigation.
The three-member committee will be able to summon evidence and question witnesses. It will write a report for the Speaker of the Lok Sabha, who would table it before the House. If the committee comes to the conclusion that the judge has done wrong, there will then be a vote in the Lok Sabha on an impeachment motion, followed by a vote in the Rajya Sabha. If both Houses then agree, the sanctions are sent to the President.
The latest development in this instance comes following a written notice by a week ago by Members of Parliament from opposition and ruling parties requesting the Speaker of the Lok Sabha to investigate Justice Varma concerning the cash-at-home incident.
On March 15, firefighters attending to a fire at Justice Yashwant Varma's Delhi bungalow discovered stacks of cash that had been partially burnt. Which prompted questions about corruption involving the highest echelons of the judiciary in the country.
Justice Varma dismissed any connection to the money, calling any allegations "preposterous." Regardless, the Supreme Court made up an in-house panel which upheld the requirement of impeachment of Justice Varma. The panel's report, which included their recommendation, was sent to President Droupadi Murmu and Prime Minister Narendra Modi by then Chief Justice of India Sanjiv Khanna.
In response, Justice Varma then filed a petition challenging the panel and as a method to keep his anonymity, he was identified as 'XXX.' In his writ petition filed before a two-judge bench including Justice Dipankar Datta and AG Masih, he raised five reasons he should not be removed from office with some of the reasons reliant on doubts over the authority and jurisdiction of the in-house committee to probe sitting judges.
After hearing the case, the Supreme Court denied his petition on July 30 on the grounds that it was "not worthy of entertaining" and that he had "not confidence inspiring conduct."
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