SC to form Bench to hear Justice Yashwant Varma's plea against in-house inquiry report
The matter was mentioned before a bench comprising Chief Justice of India B.R. Gavai and Justices K. Vinod Chandran and Joymalya Bagchi.
Senior Advocates Kapil Sibal, Mukul Rohatgi, Rakesh Dwivedi, Sidharth Luthra, Siddharth Aggarwal, along with Advocates George Pothan Poothicote and Manisha Singh, appeared for Justice Varma.
'We have filed the petition on behalf of the Allahabad High Court judge. Some constitutional issues are involved. I request you to constitute a bench as soon as possible,' submitted the counsel team.
CJI Gavai responded, 'It may not be proper for me to take up this matter. We will just take a call and constitute a bench.'
Justice Varma has also challenged the recommendation made by former Chief Justice of India Sanjiv Khanna to the President and Prime Minister to initiate impeachment proceedings against him.
In his petition, he alleged that the in-house inquiry committee made findings without giving him a fair opportunity to respond.
The petition states that the committee proceeded in a 'pre-determined fashion' and, even without finding any concrete evidence, merely drew adverse inferences after reversing the burden of proof.
It further alleges that the committee failed to notify him of its procedure, denied him an opportunity to provide inputs on evidence collected, examined witnesses in his absence, and provided only paraphrased statements instead of video recordings despite their availability.
Additionally, the plea claims that the committee selectively disclosed only incriminating material, ignored and failed to collect relevant exculpatory evidence such as CCTV footage despite repeated requests, denied personal hearings, did not put forth any specific or tentative case to him, and reversed the burden of proof without notice, effectively hindering any meaningful defence.
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