Latest news with #YashwantVarma
Time of India
10 hours ago
- Politics
- Time of India
Yashwant Varma's conduct doesn't inspire confidence: SC
NEW DELHI: Supreme Court on Wednesday reserved its verdict on Justice Yashwant Varma's petition challenging both an in-house inquiry committee report recording his alleged complicity in the case regarding discovery of sacks of cash from his official residence and the then CJI Sanjiv Khanna's recommendation for his removal from judgeship. Rejecting his plea for a week's adjournment right at the start of the hearing, a bench of Justices Dipankar Datta and Augustine G Masih appeared to show the judge and his counsel, Kapil Sibal, the 'writing on the wall' with pithy observations, including "your conduct does not inspire confidence", during the more than hour-long hearing. When Sibal said the principles of natural justice were sacrificed at the altar of the inquiry process and that the Allahabad high court judge was pronounced guilty through media trial because of a video of burning cash had been uploaded on SC website, the bench said that might not have been prudent, but "putting it on the website does not mean everything (the probe process, its report and the ex-CJI's recommendation for initiation of removal proceedings) got so vitiated that you will go scot-free". The bench told Varma, "You are a judge, and you know your case. We don't want to spill something right now. Let Parliament decide." CJI has duty towards nation: SC on Varma case On the challenge to the constitutionality of the CJI's recommendation for stripping Justice Yashwant Varma of judgeship, the bench said, "The CJI is not a post office. As the leader of the judiciary, he has a duty and responsibility towards the nation. If based on material before him, he felt that a recommendation was needed, he has the authority to do so." by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Live Comfortably: 60m2 prefabricated bungalow for the elderly in M'zila Mahieddine Pre Fabricated Homes | Search Ads Search Now Undo Sibal said the in-house committee's recommendation to remove the judge when the panel had not adjudged him guilty of owning the cash had resulted in the govt getting involved in the removal motion and politicisation of an otherwise purely constitutional process. The bench disagreed and further said that Section 3(2) of Judges Protection Act, 1985, empowered the SC and HCs to take decisions to deal with judges as the situation warranted and the in-house procedure, which was non-punitive, was a process to identify the black sheep among judges through a preliminary inquiry, result of which would enable the CJI to take an appropriate decision. The Justice Datta-led bench turned to the conduct of Justice Varma and asked, "Why did the judge not raise the violation of principles of natural justice after the committee submitted its report? Why did you not approach the SC to remove the video from its website if it fuelled a media trial and affected your innocence? You could have raised these issues much before. You knew that in-house committee report could lead to a recommendation for your removal. But you waited for the result of in-house inquiry. Once it turned out to be unfavourable, you decided to challenge it." Sibal said the composition of the inquiry committee would comprise of an SC judge, an HC chief justice and a jurist. "With the CJI recommending removal, will the committee be able to go beyond the CJI's recommendation?" he asked. The bench said, "The CJI has acted as per the in-house procedure which has been upheld in three judgments of the SC, and is the law of the land. We have to send a message to society that what is contemplated in the in-house procedure has been followed by the CJI."
India Today
18 hours ago
- Politics
- India Today
Justice Varma case: Top court says in-house procedure is ‘law of land', reserves order
The Supreme Court on Wednesday reserved its order on the petition filed by Justice Yashwant Varma, who had challenged the findings of an internal inquiry committee and questioned the legality of the in-house procedure followed against him. His petition also raised objections to the Chief Justice of India's recommendation to the President and Prime Minister regarding his removal in the cash-haul Defends CJI's Role & Existing MechanismThroughout the hearing, the bench subjected the judge's legal team to sharp scrutiny, questioning the timing, strategy, and delayed challenge to a mechanism that has been in place for its position clear, the Supreme Court remarked: 'In-house procedure has been put into place by judgments, it is the law of the land.' Stressing on the binding nature of judicial precedents, the court added: 'You have to accept previous rulings unless you come in review.' Addressing arguments challenging the legality of the CJI's role, the court firmly defended the Chief Justice's powers: 'The CJI is not a post office. He has responsibility to the citizens as head of the judiciary.' Further, the bench noted: 'If there is material to believe there is misconduct, the CJI can inform the President, PM.'On whether a law could empower the Centre to remove a judge, the court clarified: 'If, under a law, the Centre was empowered to remove a judge, they can, but there is no law. If a law is made, it will have to be tested.'Court Flags Delay, Reinforces Institutional ProcedureIn response to Senior Advocate Kapil Sibal's submission that it had now become a political process and Justice Varma had already been prejudiced, the court remained unmoved, stating: 'The Committee's report is only preliminary. It cannot affect future proceedings. If it does, you will have to come at the appropriate time and against the appropriate parties not against SC.'The court repeatedly flagged the timing of the challenge. 'Why didn't you come earlier if procedure was unconstitutional?' the bench asked. Referring to the public release by the Supreme Court of the tapes involving Justice Varma, it said: 'According to you, you were condemned in public when the tapes were released on the website. You should have come then.'The court, however, did indicate that it was in agreement with Justice Varma's counsel on the issue of tape release timing—'We will be with you on timing on this part, it should not have been done.'Court Questions Justice Varma's ConductadvertisementIt further remarked: 'You could have got some observations from the court then, whatever observations you are seeking now.' Questioning the judge's conduct, the court added: 'Your conduct says a lot, you could have come earlier. It is possible you wanted to have a favourable finding.'Observing that the conduct of a person who is invoking Article 32 is also important, the court pointedly asked: 'Why did you appear? You knew what it could have led to.'The bench emphasised that the in-house procedure had stood the test of time: 'It has been in place for the last 30 years. All judges take an oath; all judges know how their conduct will be regulated. This is the law, you are bound by it, you took an oath.'During the hearing, the bench also drew a distinction between initiating removal proceedings and the act of removal itself. 'Initiating action for removal and removing him are different things. The CJI, being bound by the in-house procedure, has done exactly that,' the court Observations Before Order ReservedAddressing the constitutional challenge raised in the plea, the bench said, 'You are saying it's unconstitutional to a certain extent — that is for us to decide.' At this stage, Senior Advocate Kapil Sibal interjected, saying, 'I'm getting a sense of how the court is inclined to decide'advertisementResponding to the concern, Justice Dutta remarked, 'I asked you this last time — if a well-meaning citizen approaches the Lok Sabha and asks why no action is being taken, it is seen as political. But we have no jurisdiction there.' Emphasising institutional responsibility, he added, 'As far as the judiciary is concerned, it must send a clear message to society — that whatever the procedure was, it was duly followed.'With the order now reserved, all eyes remain on whether the court will offer any relief — or simply reaffirm the authority of existing judicial procedure.- EndsTune InMust Watch
Time of India
19 hours ago
- Politics
- Time of India
'Video of burnt cash should not have been uploaded': SC accepts Justice Yashwant Varma's submission; but denies lapse in procedure
Justice Yashwant Varma NEW DELHI: The Supreme Court on Wednesday agreed with Justice Yashwant Varma's submission that the video of burnt wads of currency notes found at his residence should not have been uploaded on its website, but noted that publication of the video does not mean there was a "lapse" in the process. Also Read: SC reserves verdict on Justice Yashwant Varma's plea - What the top court said On the question of delay in approaching the top court, senior advocate Kapil Sibal, arguing for Justice Varma, replied that a tape was released on the Supreme Court website, and, as a result, the judge's reputation was "already damaged." "Tape was released. It was already released, my reputation already damaged. What would I come to court for?" news agency PTI quoted Sibal as saying. Justice Dipankar Datta remarked, "We are with you on this for the time being. It should not have been done." The judge added, "However, it does not mean that there has been some lapse in the procedure, which affects the powers of the Parliament to take action against you (Justice Varma), because Parliament, I need not to say with any emphasis, it has its own powers. Also Read: Judge Varma hides identity, is 'XXX' in his SC petition The bench of Justices Datta and AG Masih was hearing Justice Varma's plea seeking invalidation of a report by an in-house inquiry panel which found him guilty of misconduct in the cash discovery matter. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like How Much Does It Cost to Rent a Private Jet - The Prices May Surprise You! Private Jet I Search Ads Learn More Undo The panel report indicted the Allahabad high court judge over the discovery of a huge cache of burnt cash from his official residence during his tenure as a Delhi high court judge in March. In an unprecedented move, the Supreme Court on March 22 uploaded on its website an in-house inquiry report, including photos and videos, into the discovery of a huge stash of cash at the residence of the-then Delhi high court judge. The report contains photos and videos of the cash discovered at a storeroom in the house during a firefighting operation on the night of Holi, March 14.
Time of India
a day ago
- Business
- Time of India
Your conduct does not inspire confidence, why did you appear before committee: Supreme Court to Justice Varma
Observing that Justice Yashwant Varma 's conduct does not inspire confidence, the Supreme Court on Wednesday posed sharp questions to the judge seeking invalidation of a report by an in-house inquiry panel which found him guilty of misconduct in the cash discovery row. The top court asked Justice Varma why did he appear before the in-house inquiry committee and not challenge it then and there. Explore courses from Top Institutes in Please select course: Select a Course Category Leadership Data Analytics Digital Marketing Management healthcare Design Thinking others Public Policy MCA Healthcare Degree Technology Artificial Intelligence MBA PGDM Others Finance Operations Management Data Science Data Science Product Management Cybersecurity CXO Project Management Skills you'll gain: Duration: 10 Months IIM Kozhikode CERT-IIMK-Women Leadership Programme INDIA Starts on undefined Get Details Skills you'll gain: Duration: 11 Months IIM Lucknow CERT-IIML SLP India Starts on undefined Get Details Skills you'll gain: Duration: 12 Months IIM Kozhikode Advanced Strategic Management Programme Starts on undefined Get Details Skills you'll gain: Strategic Thinking & Planning Competitive Advantage & Market Positioning Strategic Leadership & Decision-Making Change Management & Organizational Transformation Duration: 1 Year IIM Kozhikode IIMK Advanced Strategic Management Programme Starts on Mar 30, 2024 Get Details Skills you'll gain: Duration: 12 Months IIM Kozhikode Advanced Strategic Management Programme Starts on undefined Get Details Skills you'll gain: Duration: 22 Weeks Indian School of Business SEPO - ISB Venture Capital & Private Equity India Starts on undefined Get Details Skills you'll gain: Duration: 12 Months IIM Kozhikode Senior Management Programme Starts on undefined Get Details Skills you'll gain: Critical Thinking & Decision-Making Skills Power of Emerging Technologies Innovation and Drive Organizational Change Fostering a Culture of Innovation Duration: 9 Months MIT xPRO MIT Technology Leadership and Innovation Starts on May 14, 2024 Get Details Skills you'll gain: Duration: 12 Months IIM Kozhikode SEPO - IIMK CEO Programme India Starts on undefined Get Details Skills you'll gain: Opportunities & Outlining Plans to use AI & ML Applying Data-Driven Business Innovation Best Practices Changing Culture to Integrate AI-Enabled Technologies Ethics, Privacy and Regulations in AI & ML Duration: 20 Weeks Indian School of Business ISB Leadership in AI Starts on May 14, 2024 Get Details Skills you'll gain: Duration: 18 Weeks 109820388 Strategic Marketing for Leaders: Leveraging AI for Growth Starts on undefined Get Details Skills you'll gain: Financial Accounting & Analysis Financial Instruments & Markets Corporate Finance & Valuation Investment Management & Banking Duration: 12 Months IIM Kozhikode IIMK Professional Certificate in Financial Analysis and Financial Management Starts on Mar 30, 2024 Get Details It told Justice Varma that he should have come earlier to the apex court against the in-house inquiry panel's report. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Treatment That Might Help You Against Knee Pain Knee pain | search ads Find Now Undo A bench of Justices Dipankar Datta and AG Masih said if the Chief Justice of India has material to believe that there is misconduct by a judge then he can inform the president and the prime minister. Senior advocate Kapil Sibal, appearing for Justice Varma, submitted that the in-house inquiry panel's recommendation for his removal is unconstitutional. Live Events Sibal told the court that recommendation of proceedings for removal in this manner would set a dangerous precedent. The hearing is underway.
News18
a day ago
- Politics
- News18
Yashwant Varma Cash Haul Row: Hearing underway in Supreme Court
Yashwant Varma Cash Haul Row: Hearing underway in Supreme Court | Justice Yashwant Varma Case
