Will CJI Gavai Step Aside from Hearing Justice Varma’s Plea?

Synopsis
Key Takeaways
- Chief Justice B.R. Gavai may recuse himself from Justice Varma's plea.
- Justice Varma's indictment stems from a cash-discovery scandal.
- 145 MPs have initiated impeachment proceedings against Justice Varma.
- The in-house committee found substantial evidence of misconduct.
- Public trust in the judiciary is at stake amid these allegations.
New Delhi, July 23 (NationPress) The Supreme Court indicated on Wednesday that the Chief Justice of India (CJI) B.R. Gavai-led Bench is unlikely to address the plea submitted by Justice Yashwant Varma, which contests his indictment by a three-member in-house committee in the cash-discovery controversy.
This revelation occurred when senior advocate Kapil Sibal, representing Justice Varma, implored CJI Gavai to establish a Bench for the urgent examination of this matter.
In response, CJI Gavai remarked, “I believe it may not be appropriate for me to engage with this case as I was involved in the discussions.” Nevertheless, the CJI reassured Sibal that a Bench would be formed to deliberate on Justice Varma's plea.
“We will make a decision and form a Bench,” stated CJI Gavai.
The writ petition submitted by Justice Varma aims to annul the communication sent by then CJI Sanjiv Khanna to the President and the Prime Minister, advocating for action against Justice Varma.
The petition claims that the in-house committee acted in a “pre-determined manner” and deprived Justice Varma of a fair chance to defend himself.
On Monday, 145 Members of Parliament from both ruling and opposition parties presented an impeachment notice against Justice Varma to Lok Sabha Speaker Om Birla.
Justice Varma has faced significant scrutiny since the March 14 revelation of burnt cash found in an outhouse of his official residence allocated during his tenure at the Delhi High Court.
The cash-discovery scandal, which sent ripples through the judiciary, resulted in Justice Varma's reassignment to the Allahabad High Court, prompting an in-house investigation to examine the allegations.
The investigative committee concluded that both direct and electronic evidence corroborated that the storeroom was under the covert or active control of Justice Varma and his family. The committee asserted that the burnt cash was taken from the storeroom in the early hours of March 15, based on compelling inferential evidence.
In conclusion, the three-member inquiry committee, led by Chief Justice Sheel Nagu of the Punjab and Haryana High Court, along with CJ G.S. Sandhawalia of the Himachal Pradesh HC and Karnataka HC’s Justice Anu Sivaraman, deemed the allegations serious enough to initiate impeachment proceedings against Justice Varma. They concluded that Justice Varma’s misconduct was not only substantiated but also severe enough to justify his removal under Article 124(4) of the Constitution.