Latest news with #Judges(Inquiry)Actof1968
The Hindu
2 days ago
- Politics
- The Hindu
Cash discovery row: Resignation only option before Justice Varma to avoid removal by Parliament
Resignation is the only option before Justice Yashwant Varma to avoid impeachment by Parliament as the government pushes for bringing a motion to remove the Allahabad High Court judge over alleged corruption. Officials aware of the procedure to appoint and remove Supreme Court and high court judges pointed out that while defending his case before lawmakers in any of the House, Justice Varma can announce that he is quitting and his verbal statement will be considered as his resignation. Should he decide to resign, he will get pension and other benefits entitled to a retired HC judge. But if he is removed by Parliament, he will be deprived of pension and other benefits, they noted. According to Article 217 of the Constitution, a high court judge "may, by writing under his hand addressed to the President, resign his office." A judge's resignation does not require any approval. A simple resignation letter is sufficient. A judge may give a prospective date to step down. In such cases, the judge can withdraw the resignation before the date he or she has mentioned as the last day in office. Removal by Parliament is the other way a judge can vacate office. Then Chief Justice of India Sanjiv Khanna had written to the president and the prime minister to remove Justice Varma, mired in the cash discovery row. Justice Khanna's report was based on the findings of a three-judge in house panel which investigated the case. Justice Khanna had prodded Varma to resign but he had refused, sources had earlier said. A motion could be brought in either of the two Houses of Parliament. In the Rajya Sabha, at least 50 members have to sign the motion. In Lok sabha, 100 members have to support it. According to the Judges (Inquiry) Act of 1968, once a motion to remove a judge is admitted in any of the Houses, the speaker or the chairman, as the case may be, will constitute a three-member committee to investigate the grounds on which the removal (or, in popular term, impeachment) has been sought. The committee consists of the chief justice of India (CJI) or a Supreme Court judge, the chief justice of one of the 25 high courts and a " distinguished jurist". Parliamentary Affairs Minister Kiren Rijiju had last week said the present case is "slightly different" as an in-house committee formed by then CJI Khanna has already submitted its report. "So what is to be done in this matter, we will take a call," he said. The minister said the process has to be followed, but how to "integrate the inquiry already conducted" needs to be decided. "As per the rule, a committee has to be constituted and then the committee has to submit a report and the report will be tabled in the House and discussions will start to impeach. Here, a committee has already been constituted, not by Parliament. But it cannot be brushed aside" as it was constituted by the CJI, he said. Responding to questions that a committee has to be mandatorily formed under the Judges (Inquiry) Act, Rijiju said the speaker will take a decision in this regard. He said reconciling the report of the in-house panel and the one under law is a "secondary matter". The primary objective is to bring the impeachment motion. Monsoon session begins July 21 and ends August 12. A fire incident at Justice Varma's residence in the national capital in March, when he was a judge at the Delhi High Court, had led to the discovery of several burnt sacks of cash at the outhouse. Though the judge claimed ignorance about the cash, the Supreme Court-appointed committee indicted him after speaking to a number of witnesses and recording his statement. The apex court has since transferred him to his parent high court, the Allahabad High Court, where he has not been assigned any judicial work. Supreme Court judge V Ramaswami and Calcutta HC judge Soumitra Sen had earlier faced impeachment proceedings but they resigned. Justice Varma's removal proceedings will be taken up in the upcoming Monsoon session of Parliament. This will be the first ever impeachment proceeding to be taken up in the new Parliament building.
Time of India
2 days ago
- Politics
- Time of India
Cash haul row: Justice Yashwant Varma left with only one option - how can he avoid impeachment?
File photo: Justice Yashwant Varma (Picture credit: ANI) NEW DELHI: Justice Yashwant Varma of the Allahabad High Court faces the prospect of impeachment in the upcoming Monsoon session of Parliament after being indicted in a high-profile corruption case. According to officials cited by news agency PTI, resignation remains his only option to avoid a Parliamentary motion for removal, which, if passed, would strip him of pension and retirement benefits. Justice Varma came under scrutiny after a fire at his Delhi residence in March led to the discovery of several burnt sacks of unaccounted cash in the outhouse. Though he denied knowledge of the money, a Supreme Court-appointed in-house panel, led by then Chief Justice of India Sanjiv Khanna, found him culpable after recording witness statements and Varma's own deposition. Based on this report, Justice Khanna urged the President and Prime Minister to initiate his removal, PTI reported. As per Article 217 of the Constitution, a High Court judge may resign by writing to the President. The resignation becomes valid without requiring formal acceptance. If a judge resigns, they retain post-retirement entitlements. However, if removed by Parliament, they lose all such benefits. In Parliament, a motion for removal must be supported by at least 50 Rajya Sabha or 100 Lok Sabha members. Once admitted, the Judges (Inquiry) Act of 1968 mandates a fresh three-member committee, including a Supreme Court judge, a High Court chief justice, and a distinguished jurist, to investigate the charges. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like This Device Made My Power Bill Drop Overnight elecTrick - Save upto 80% on Power Bill Pre-Order Undo However, Parliamentary Affairs Minister Kiren Rijiju pointed out that the case is 'slightly different' because an in-house committee has already concluded its probe. 'It cannot be brushed aside,' Rijiju was quoted as saying by PTI, adding that reconciling the existing report with the statutory inquiry process will be a matter for the Speaker or Chairman to decide. Vice-President Jagdeep Dhankhar, while meeting members of the Punjab and Haryana High Court Bar Association, expressed dismay over the lack of a criminal investigation into the matter. 'A very painful incident happened... There was a cash haul, obviously tainted, unaccounted and illegal,' he said. Dhankhar criticised the judiciary's internal mechanism for shielding its members from FIRs, saying, 'Unless permission is accorded by a functionary at the highest level in the judiciary, an FIR can't be registered.' Justice Varma has since been transferred to the Allahabad High Court, where he has not been allotted any judicial duties. Rijiju has begun consultations with political parties to build consensus on the motion, which could be the first impeachment to be taken up in the new Parliament building. The Monsoon session of Parliament is scheduled from July 21 to August 12.
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Business Standard
2 days ago
- Politics
- Business Standard
Cash discovery row: Justice Varma must quit to avoid removal by Parliament
Resignation is the only option before Justice Yashwant Varma to avoid impeachment by Parliament as the government pushes for bringing a motion to remove the Allahabad High Court judge over alleged corruption. Officials aware of the procedure to appoint and remove Supreme Court and high court judges pointed out that while defending his case before lawmakers in any of the House, Justice Varma can announce that he is quitting and his verbal statement will be considered as his resignation. Should he decide to resign, he will get pension and other benefits entitled to a retired HC judge. But if he is removed by Parliament, he will be deprived of pension and other benefits, they noted. According to Article 217 of the Constitution, a high court judge "may, by writing under his hand addressed to the President, resign his office." A judge's resignation does not require any approval. A simple resignation letter is sufficient. A judge may give a prospective date to step down. In such cases, the judge can withdraw the resignation before the date he or she has mentioned as the last day in office. Removal by Parliament is the other way a judge can vacate office. Then Chief Justice of India Sanjiv Khanna had written to the president and the prime minister to remove Justice Varma, mired in the cash discovery row. Justice Khanna's report was based on the findings of a three-judge in house panel which investigated the case. Justice Khanna had prodded Varma to resign but he had refused, sources had earlier said. A motion could be brought in either of the two Houses of Parliament. In the Rajya Sabha, at least 50 members have to sign the motion. In Lok sabha, 100 members have to support it. According to the Judges (Inquiry) Act of 1968, once a motion to remove a judge is admitted in any of the Houses, the speaker or the chairman, as the case may be, will constitute a three-member committee to investigate the grounds on which the removal (or, in popular term, impeachment) has been sought. The committee consists of the chief justice of India (CJI) or a Supreme Court judge, the chief justice of one of the 25 high courts and a " distinguished jurist". Parliamentary Affairs Minister Kiren Rijiju had last week said the present case is "slightly different" as an in-house committee formed by then CJI Khanna has already submitted its report. "So what is to be done in this matter, we will take a call," he said. The minister said the process has to be followed, but how to "integrate the inquiry already conducted" needs to be decided. "As per the rule, a committee has to be constituted and then the committee has to submit a report and the report will be tabled in the House and discussions will start to impeach. Here, a committee has already been constituted, not by Parliament. But it cannot be brushed aside" as it was constituted by the CJI, he said. Responding to questions that a committee has to be mandatorily formed under the Judges (Inquiry) Act, Rijiju said the speaker will take a decision in this regard. He said reconciling the report of the in-house panel and the one under law is a "secondary matter". The primary objective is to bring the impeachment motion. Monsoon session begins July 21 and ends August 12. A fire incident at Justice Varma's residence in the national capital in March, when he was a judge at the Delhi High Court, had led to the discovery of several burnt sacks of cash at the outhouse. Though the judge claimed ignorance about the cash, the Supreme Court-appointed committee indicted him after speaking to a number of witnesses and recording his statement. The apex court has since transferred him to his parent high court, the Allahabad High Court, where he has not been assigned any judicial work. Supreme Court judge V Ramaswami and Calcutta HC judge Soumitra Sen had earlier faced impeachment proceedings but they resigned. Justice Varma's removal proceedings will be taken up in the upcoming Monsoon session of Parliament. This will be the first ever impeachment proceeding to be taken up in the new Parliament building. (Only the headline and picture of this report may have been reworked by the Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)
Time of India
2 days ago
- Politics
- Time of India
Cash discovery row: Resignation only option before Justice Varma to avoid removal by Parliament
New Delhi: Resignation is the only option before Justice Yashwant Varma to avoid impeachment by Parliament as the government pushes for bringing a motion to remove the Allahabad High Court judge over alleged corruption. Officials aware of the procedure to appoint and remove Supreme Court and high court judges pointed out that while defending his case before lawmakers in any of the House, Justice Varma can announce that he is quitting and his verbal statement will be considered as his resignation. Should he decide to resign, he will get pension and other benefits entitled to a retired HC judge. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Belly Fat Removal Without Surgery? The Cost Might Surprise You (See Prices) Belly Fat Removal | Search Ads Undo But if he is removed by Parliament, he will be deprived of pension and other benefits, they noted. According to Article 217 of the Constitution, a high court judge "may, by writing under his hand addressed to the President, resign his office." Live Events A judge's resignation does not require any approval. A simple resignation letter is sufficient. A judge may give a prospective date to step down. In such cases, the judge can withdraw the resignation before the date he or she has mentioned as the last day in office. Removal by Parliament is the other way a judge can vacate office. Then Chief Justice of India Sanjiv Khanna had written to the president and the prime minister to remove Justice Varma, mired in the cash discovery row. Justice Khanna's report was based on the findings of a three-judge in house panel which investigated the case. Justice Khanna had prodded Varma to resign but he had refused, sources had earlier said. A motion could be brought in either of the two Houses of Parliament. In the Rajya Sabha, at least 50 members have to sign the motion. In Lok sabha, 100 members have to support it. According to the Judges (Inquiry) Act of 1968, once a motion to remove a judge is admitted in any of the Houses, the speaker or the chairman, as the case may be, will constitute a three-member committee to investigate the grounds on which the removal (or, in popular term, impeachment) has been sought. The committee consists of the chief justice of India (CJI) or a Supreme Court judge, the chief justice of one of the 25 high courts and a " distinguished jurist". Parliamentary Affairs Minister Kiren Rijiju had last week said the present case is "slightly different" as an in-house committee formed by then CJI Khanna has already submitted its report. "So what is to be done in this matter, we will take a call," he said. The minister said the process has to be followed, but how to "integrate the inquiry already conducted" needs to be decided. "As per the rule, a committee has to be constituted and then the committee has to submit a report and the report will be tabled in the House and discussions will start to impeach. Here, a committee has already been constituted, not by Parliament. But it cannot be brushed aside" as it was constituted by the CJI, he said. Responding to questions that a committee has to be mandatorily formed under the Judges (Inquiry) Act, Rijiju said the speaker will take a decision in this regard. He said reconciling the report of the in-house panel and the one under law is a "secondary matter". The primary objective is to bring the impeachment motion. Monsoon session begins July 21 and ends August 12. A fire incident at Justice Varma's residence in the national capital in March, when he was a judge at the Delhi High Court, had led to the discovery of several burnt sacks of cash at the outhouse. Though the judge claimed ignorance about the cash, the Supreme Court-appointed committee indicted him after speaking to a number of witnesses and recording his statement. The apex court has since transferred him to his parent high court, the Allahabad High Court, where he has not been assigned any judicial work. Supreme Court judge V Ramaswami and Calcutta HC judge Soumitra Sen had earlier faced impeachment proceedings but they resigned. Justice Varma's removal proceedings will be taken up in the upcoming Monsoon session of Parliament. This will be the first ever impeachment proceeding to be taken up in the new Parliament building.
New Indian Express
5 days ago
- Politics
- New Indian Express
No scope for separate position: Government
NEW DELHI: Union Parliamentary Affairs Minister Kiren Rijiju on Wednesday said that the government is committed to take all political parties on board in moving an impeachment motion against Justice Yashwant Varma, saying corruption in the judiciary cannot be approached through a 'political prism'. He said the government wants the exercise aimed at axing Justice Varma, embroiled in a case of alleged corruption and indicted by a Supreme Court-appointed committee, a 'collaborative effort'. Rijiju said that he has already initiated discussions with all political parties to bring the motion in Parliament's Monsoon session, starting from July 21, against the Allahabad High Court judge. He said the government wants all parties to 'jointly' move the motion to remove Justice Varma. Rijiju said he will reach out to smaller parties, while all major parties have already been informed about the plan to bring a motion of impeachment against Justice Varma. 'The government feels that the matter related to corruption is not one political party's agenda. It is a stand of all parties to fight against the menace of corruption, whether it is the judiciary or any other space,' he said. He said most parties will revert after discussing the issue internally. To a query, Rijiju said the decision on whether the motion will be brought in the Lok Sabha or the Rajya Sabha will be taken based on the business of each House. According to the Judges (Inquiry) Act of 1968, once a motion to remove a judge is admitted in any of the Houses, the speaker or the chairman, as the case may be, will constitute a three-member committee to investigate the grounds on which the removal (or, in popular term, impeachment) has been sought.
