Supreme Court Hearing: Justice Yashwant Varma Challenges Lok Sabha Speaker's Inquiry Panel
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New Delhi: In a significant development, Justice Yashwant Varma, a judge of the Allahabad High Court, has approached the Supreme Court challenging the constitution of an inquiry panel by the Lok Sabha Speaker to probe corruption charges against him. The inquiry panel was set up after a motion for his removal was admitted in the Lok Sabha, but not in the Rajya Sabha. Justice Varma's lawyer, senior advocate Mukul Rohatgi, argued that the Lok Sabha Speaker's decision to constitute the inquiry panel is 'non-est' in law, as the motion for his removal was not admitted in both Houses of Parliament. Rohatgi cited the provisions of the Judges Act, 1968, which require a joint committee to be set up by the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha when impeachment motions are moved in both Houses on the same day. The lawyer questioned the constitution of a three-member committee formed by the Lok Sabha Speaker under Section 3 of the Judges Act, arguing that it violates the mandatory procedure under Article 124 of the Constitution. Rohatgi also pointed out that the Lok Sabha Speaker's decision to set up the inquiry panel after one motion was rejected in the Rajya Sabha is unconstitutional. The Supreme Court is currently hearing the matter, and Justice Varma has sought quashing of the Speaker's action, the admission of the motion, and all consequential notices issued by the inquiry committee. The court has issued notices to the Lok Sabha Speaker, the Secretaries-General of both Houses of Parliament, and others. The issue dates back to March 14, when burnt wads of currency notes were found at Justice Varma's official residence in New Delhi. An in-house inquiry was initiated by the then Chief Justice of India, and a three-member committee was set up to investigate the matter. The committee submitted its report on May 4, finding Justice Varma guilty of misconduct. However, Justice Varma declined to resign, and the matter was referred to the Lok Sabha Speaker for impeachment proceedings. The Lok Sabha Speaker admitted a multi-party motion for Justice Varma's removal on August 12 and constituted the three-member inquiry panel. Justice Varma has challenged the Speaker's decision, arguing that the entire process is unconstitutional and contrary to the Judges Act.