Lok Sabha names panel to probe charges against HC judge
Supreme Court judge Arvind Kumar, chief justice of Madras high court Manindra Mohan Srivastava, and jurist BV Acharya from Karnataka were named as the members of the panel by Lok Sabha Speaker Om Birla, after he accepted the notice for impeachment signed by 146 Lower House lawmakers.
Another impeachment notice signed by 63 Opposition members in the Rajya Sabha and mentioned by former vice-president Jagdeep Dhankhar sparked a controversy last month, especially after the latter's abrupt resignation. But Birla made no mention of it, signalling that only the Lok Sabha, without any collaboration with the Upper House, formed the three-member probe panel and establishing the Lower House's primary jurisdiction in the issue.
'The committee will submit its report as early as possible. The proposal (for the removal of justice Varma) will remain pending till the receipt of the report of the inquiry committee,' Birla said.
The impeachment notice was signed by the Leader of the Opposition Rahul Gandhi, former Union ministers and Bharatiya Janata Party (BJP) members Anurag Thakur, Ravi Shankar Prasad, Rajiv Pratap Rudy and PP Chaudhary. Nationalist Congress Party (Sharadchandra Pawar) leader Supriya Sule and Congress MP KC Venugopal also signed the notice, officials said.
Birla said an unblemished character and financial and intellectual integrity were the foundation of the trust a common person has in the judiciary.
'The facts connected in the present case point towards corruption and are eligible for action as per Article 124, Article 217 and Article 218 of the Constitution of India. Parliament needs to speak in one voice on this issue and every citizen of this country should send a clear message about its commitment to zero tolerance to corruption,' Birla said.
The Lok Sabha speaker said he has accepted the proposal and constituted a three-member committee for the removal of justice Varma from his post in accordance with Section 3(2) of the Judges (Inquiry) Act 1968.
To pass an impeachment motion, the proposal has to be supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of the House present and voting in both Houses.
The panel will get time till the winter session to submit its report, said officials. The impeachment process is expected to be taken up during the next session.
Justice Varma also has the option to resign at any stage and avoid his public trial in Parliament. In September 2011, then Calcutta high court judge Soumitra Sen resigned a day before the Lok Sabha was set to take up the hearing, following the Rajya Sabha's approval for his impeachment.
The controversy began after wads of charred cash were allegedly found at the residence of justice Varma, then a Delhi high court judge, on March 14 following a fire. On March 22, the top court formed an inquiry committee, comprising then high court chief justices Sheel Nagu (Punjab & Haryana), GS Sandhawalia (Himachal Pradesh), and justice Anu Sivaraman (Karnataka).
The 64-page inquiry report cited 'strong inferential evidence' to conclude that justice Varma had 'covert or active control' over the charred cash. While admitting that no direct evidence linked him to the currency, the panel held that his conduct 'belied the trust' reposed in a constitutional judge and warranted impeachment proceedings.
The findings of the report were submitted to then Chief Justice of India Sanjiv Khanna on May 3. Five days later, he wrote to Prime Minister Narendra Modi and President Droupadi Murmu, recommending proceedings to remove justice Varma from office.
In 1993, Parliament witnessed the first impeachment motion against a sitting judge when the Lok Sabha debated on a proposal to impeach former Supreme Court judge, V Ramaswami. The motion failed as a requisite number of MPs didn't vote.
Birla referred to Article 124 which says, 'A judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-third of the members of the House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.'
Both Justice Kumar and Justice Shrivastava began their legal careers in 1987. Justice Kumar was appointed chief justice of the Gujarat high court in 2017 and elevated to the Supreme Court in February 2023. He is scheduled to retire on July 13, 2027.
Justice Shrivastava practised at the district court in Raigarh before moving on to the high courts of Madhya Pradesh and Chhattisgarh. Last month, he took over as the Chief Justice of the Madras high court.
Acharya is a prominent figure at the Karnataka high court, known for his extensive legal career and significant contributions. He has been a member of the 19th Law Commission of India. He serves as the president of the Karnataka section of the International Commission of Jurists.
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