CJI Gavai recuses from hearing petition by Justice Yashwant Varma
What's the story
Chief Justice of India (CJI) BR Gavai has recused himself from hearing a petition filed by Allahabad High Court judge, Justice Yashwant Varma. The petition challenges an in-house committee report that found him guilty after unaccounted cash was recovered from his Delhi residence. Senior Advocate Kapil Sibal had requested an urgent listing of the case before the Supreme Court.
Recusal reason
CJI was part of committee that probed Justice Varma
CJI Gavai was heading a bench with Justices K Vinod Chandran and Joymalya Bagchi. However, he recused himself, as he was part of the committee involved in the in-house proceedings against Justice Varma. "It will not be possible for me to take up this matter because I was also part of the committee," Bar and Bench quoted CJI Gavai as saying. Instead, a special bench would be constituted to hear a petition filed by Justice Varma, he said.
Petition details
Petition seeks to quash in-house committee report
Justice Varma's petition seeks to declare the recommendation by former CJI Sanjiv Khanna for his removal as unconstitutional and ultra vires (acting or done beyond one's legal power). The case stems from a large amount of cash found at his official residence in Delhi during a firefighting operation on March 15. At that time, Justice Varma was serving as a judge of the Delhi High Court.
Impeachment consideration
Justice Varma seeks to quash report; govt considering impeachment motion
The central government is reportedly considering an impeachment motion in Parliament to remove Justice Varma from office. He has denied any connection with the cash and called allegations against him and his family "preposterous." After the discovery, the Supreme Court had constituted an in-house panel that recommended further action against Justice Varma, which was sent to President Droupadi Murmu and Prime Minister Narendra Modi by then CJI Khanna.