Cash discovery row: Chief Justice of India (CJI) BR Gavai on Wednesday recused himself from hearing a plea filed by Justice Yashwant Varma of the Allahabad High Court.
The petition challenges the in-house committee report that indicted Justice Varma following the recovery of a large amount of unaccounted cash from his official residence in Delhi.
Legal news website Bar and Bench reported that Senior Advocate Kapil Sibal, who appeared on behalf of Justice Varma, mentioned the matter before the CJI for urgent listing.
"This raises some constitutional issues. If it can be listed as early as possible," Sibal requested.
In response, CJI Gavai clarified why he would not be hearing the matter. "It will not be possible for me to take up this matter because I was also part of the committee. We will list it," the CJI stated.
CJI Gavai was perhaps referring to his involvement in the process of initiating in-house action against Justice Varma during the tenure of former CJI Sanjiv Khanna. Prime Minister Narendra Modi-led Union government is mulling an impeachment motion in the Parliament to remove Justice Varma from office.
In his plea before the top court, Justice Varma has sought a declaration that the recommendation made by the former CJI Khanna for his removal as High Court judge be declared unconstitutional.
Justice Varma has challenged the in-house procedure for investigating complaints against judges, arguing that it creates a parallel, extra-constitutional mechanism that "derogates" from the law that exclusively vests the power to remove High Court judges in the Parliament.
He has contended that the In-House procedure lacks the safeguards provided under the Judges (Inquiry) Act, 1968.
Justice Varma Cash Discovery Row
On March 15, firefighters called to the Justice Varma bungalow in central Delhi discovered piles of burnt cash.
Justice Varma has denied any link to the cash, and labelled allegations of impropriety against him and members of his family "preposterous".
The Supreme Court set up an in-house panel that recommended the impeachment of Justice Yashwant Varma. The report was forwarded to President Droupadi Murmu and Prime Minister Narendra Modi - by then CJI Khanna.
