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Justice Varma plea 'irrelevant' amid impeachment motion, say legal experts

Justice Varma plea 'irrelevant' amid impeachment motion, say legal experts

India Today20-07-2025
Justice Yashwant Varma's petition challenging the findings of the Supreme Court's inquiry committee has been labelled "irrelevant" by legal experts, after Union Parliamentary Affairs Minister Kiren Rijiju revealed that over 100 MPs have already signed a notice to the Speaker in connection with the cash discovery row — the requisite number to move an impeachment motion against a sitting judge in the Lok Sabha.advertisementThe impending impeachment motion in the Monsoon Session of Parliament is expected to take priority over judicial proceedings, legal experts told India Today TV. Former judges and senior advocates highlighted the procedural precedence of a parliamentary inquiry in such matters."No one can interfere in a parliamentary inquiry," Senior Advocate Dushyant Dave told India Today TV, highlighting the distinct separation of powers mentioned in the Constitution. He further emphasised that "Parliament and court matters operate in different spheres," suggesting that the Supreme Court is unlikely to intervene at this stage.
After the Supreme Court's in-house committee recommended Justice Varma's removal following its probe, the focus now shifts to the Lok Sabha, where an impeachment motion for his removal is set to be introduced."When the judge admits that money was found in his house, the rest becomes irrelevant," said a legal expert, indicating that the parliamentary inquiry will centre on these admissions. Despite this, Justice Varma "has the right to be heard by the Parliament Inquiry Committee," which could potentially clear his name.Explaining the impeachment process in Parliament, retired Justice Siddharth Mridul told India Today TV, "If there is an impeachment motion, that motion and the committee that is appointed to conduct an inquiry clearly provide all the steps that need to be followed. The impeachment motion process is to take action against a judge who refuses to resign."Justice Mridul pointed out that the in-house inquiry committee's findings are akin to a preliminary probe report, meant "to satisfy the CJI that there is cause to investigate the judge."Meanwhile, legal experts questioned the reasoning behind Varma's approach to the Supreme Court, with one stating, "I don't see why this petition has come to court. If the judge wants to clear his name, he has to go through the procedure provided by the Constitution."Dave found it "inconceivable for the Supreme Court to interfere in Parliament's inquiry process at such an early stage." Emphasising that there is no connection between an in-house inquiry and a parliamentary inquiry, Dave said, "MPs could have initiated impeachment based on the video that surfaced."Serious questions have been raised regarding police conduct in the case. Observers noted "serious, gross lapses by the police" and asked, "Why was the money allowed to disappear?"advertisement"Corruption is rampant in Judiciary -- nobody wants to publicly discuss it," said Dave, pointing to the need for systemic reforms.As the impeachment process unfolds, the potential consequences are significant. "If Parliament's committee gives a clean chit, then that will be final," Dave said, highlighting the ultimate authority of Parliament in judicial impeachment matters. The decision now rests with Parliament, said legal experts, with Justice Mridul saying the in-house panel report is now "irrelevant" as only Parliament, and not the courts, can decide the fate of judges.- EndsMust Watch
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