Justice Yashwant Varma’s name still figuring on the list of judges on the HC website had bolstered the view.
NEW DELHI: Ongoing proceedings in Lok Sabha for removal of Justice Yashwant Varma, who was indicted by an inquiry committee over the discovery of huge sums of unaccounted money from his residence, are likely to be called off due to the view that his resignation has rendered the exercise unnecessary.The three-member panel led by SC judge Aravind Kumar was allowed to complete its probe despite Varma, a judge in Allahabad HC, resigning on April 10. With Speaker Om Birla accepting the report, it was believed that Parliament would proceed with impeachment proceedings to send out a message against judicial corruption.
Further action may be considered in accordance with law: Report
Justice Yashwant Varma’s name still figuring on the list of judges on the HC website had bolstered the view. However, sources said legal opinion, backed by a court verdict, that an HC judge’s resignation comes into effect as soon as he resigns may prevail in what was earlier seen as a legal grey area.Lok Sabha Speaker Om Birla, who had constituted the inquiry committee, is likely to consult different political parties before making a pronouncement on the issue in Parliament’s next session. While the committee’s report was tabled in LS and RS on Aug 12, there was no discussion amid the bitter stand-off between the opposition and govt.
The committee in its report had indicted Justice Varma for the recovery of wads of 500-rupee notes in his official residence at Delhi, its unexplained disappearance, and an evasive judge failing to explain “presence, source or ownership” of the huge money. It had recommended further action.
The report recommended “such further action as may be considered in accordance with law” against him. It said his explanation “remained evasive and unsatisfactory when tested against the evidence of independent official witnesses and corroborative material”.If Varma is considered to have resigned, a likelihood, he will also no longer enjoy the legal immunity given to the higher judiciary. It remains to be seen if govt considers criminal investigation against him under anti-corruption laws over an incident which had drawn widespread outrage.
Professor, electrical and computer engineering, University of Illinois, US, and author of Reluctant Technophiles: India’s Complicated Relationship with Technology