The Supreme Court-appointed panel of judges has recommended proceedings for the removal of Justice Yashwant Varma.
The panel, comprising three senior judges, noted that access to the storeroom, where the cash was found, was restricted to Justice Varma and his family.
Concerns over procedural fairness
In an exclusive conversation with iTV Network, former Supreme Court judge Justice Sanjay Kishan Kaul, expressed concerns over the handling of the case that has raised significant questions about judicial integrity.
He said, ‘The conclusions drawn in the matter were based on presumptions and this is not a criminal trial.’
Justice Kaul highlighted the lack of analysis regarding crucial evidence, such as why the area in question was not sealed.
He said, ‘The stories are circulating in the public domain about large sums of money found, but not a single note had been analyzed to clarify the situation.’
He said that it is now up to Parliament to consider an impeachment motion, as the government appears to be contemplating this action.
Justice Kaul said that the report from the in-house committee was intended to assist the Chief Justice of India in forming an opinion on the matter.
Justice Kaul said, ‘In my understanding the Parliament should establish a fresh committee to thoroughly investigate the matter.’
However, Senior Advocate Mahesh Jethmalani said that the best course of action for the judge would be to resign in light of the damaging allegations against him.
He said that the only plausible reason for Justice Varma’s refusal to step down is to retain the legal protection offered under the Veeraswami judgment, which requires the Chief Justice of India’s sanction for any investigation into a sitting judge.
Highlighting the severity of the allegations, Jethmalani said, ‘If this kind of amount was found with anybody else, they would already be facing investigation. Any ordinary citizen in similar circumstances would have been prosecuted.’
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