Court upholds Speaker's decision on impeachment committee formation

In a significant legal development, the Supreme Court has refused to entertain a petition filed by Allahabad High Court judge, Justice Yashwant Varma. On Friday, the apex court dismissed the Justice Yashwant Varma plea, which challenged the legality of an inquiry committee set up by the Lok Sabha Speaker. This committee was formed to investigate serious allegations against the judge connected to a pending impeachment motion.

Justices Dipankar Datta and S C Sharma, presiding over the bench, stated that the Speaker committed "no illegality in constituting the committee." The bench firmly held that the judge is not entitled to any relief in this matter and emphasized that no interference from the court is required at this stage.

Background of the Controversy

Legal troubles for Justice Varma began last year following a bizarre incident at his official residence in Delhi. Reports emerged regarding the recovery of "burnt cash" following a fire on the night of March 14 and 15. At that time, he was serving as a judge of the Delhi High Court. Following this incident, the Supreme Court Collegium recommended his transfer to the Allahabad High Court on March 20. By March 22, a three-member committee was already looking into the matter.

The Legal Argument

In his defence, Justice Varma argued that the inquiry panel was formed prematurely. Citing the Judges (Inquiry) Act, he contended that a committee could only be established once the impeachment motion was accepted by both Houses of Parliament. He claimed that since the Deputy Chairman of the Rajya Sabha had not admitted the motion, the Lok Sabha Speaker’s solitary action to form a panel was legally invalid.

However, the Supreme Court rejected this technical argument. The bench noted that it must balance the rights of the judge facing inquiry with the independent rights of Parliament members to move a motion.

What Comes Next?

With the dismissal of the Justice Yashwant Varma plea, the inquiry will proceed. The committee appointed by the Lok Sabha Speaker includes Justice Manindra Mohan Shrivastava, the Chief Justice of the Madras High Court, and Senior Advocate B V Acharya. They are tasked with investigating the validity of the allegations under the Judges (Inquiry) Act.

Earlier, an in-house inquiry panel had already found substance in the allegations, leading to the matter being escalated to the President and Prime Minister.