'He's still Justice Varma': SC to lawyer calling judge 'Varma'
What's the story
Chief Justice of India (CJI) BR Gavai on Monday objected to Advocate Mathews J Nedumpara's informal reference to Justice Yashwant Varma, who is facing impeachment after hoards of charred currency notes were found at his residence following a fire. During a court hearing, Nedumpara referred to his pending petition for an FIR in the case, saying, "This is the third writ petition."
Exchange
'Varma seems to be asking for dismissal of in-house proceedings'
When CJI asked him if he wanted the petition to be dismissed, Nedumpara replied, "It is impossible to be dismissed. An FIR has to be registered. Now Varma seems to be asking for that only. There has to be an FIR, an investigation." CJI immediately objected to Nedumpara addressing the judge as only "Varma."
Court decorum
'Is he your friend?'
CJI Gavai then corrected Nedumpara, saying, "Is he your friend? How are you addressing him? Have some decorum...He is still a judge of the constitutional court." Nedumpara then replied, "I don't think that greatness can apply to him. Matter has to be listed," to which CJI Gavai shot back, "Don't dictate the court." Justice Varma has challenged an in-house inquiry's findings that held him prima facie liable for serious misconduct. He termed the process flawed and alleged a predetermined narrative.
Judicial process
Justice Varma's response to committee's report
On May 6, Justice Varma rejected the committee's findings and refused to resign or seek voluntary retirement. He argued that stepping down would imply acceptance of an unjust procedure. The Supreme Court had noted that Justice Varma denied wrongdoing and called the situation a "conspiracy." He was later stripped of judicial work and transferred to his parent high court in Allahabad.
Impeachment proceedings
Union government moves impeachment against Justice Varma
With Justice Varma refusing to step down, the Union government is preparing an impeachment motion against him in Parliament's Monsoon Session. Parliamentary Affairs Minister Kiren Rijiju said over 100 MPs had signed the notice for his removal. The internal inquiry report submitted to the SC won't directly impact the impeachment process, but under Article 124(4) and Judges (Inquiry) Act, a judge can be removed by order of the president after both Houses pass a motion supported by a special majority.