SC dismisses Justice Yashwant Varma's plea challenging in-house inquiry

The Supreme Court rejected Justice Yashwant Varma's petition on Thursday, in which he challenged the in-house inquiry and findings against him. The inquiry found him complicit in cash discovery from the premises of his official residence. CJI Sanjeev Khanna had recommended to pass a removal motion be passed against him to the President and Prime Minister of India. 

The petition filed was heard by Justice Dipanakar Datta and Justice AG Masih, wherein the judges rejected every argument made by senior Advocates Kapil Sibal and Mukul Rohatgi, who represented Justice Varma. The bench said that the enquiry process strictly adhered to the in-house procedure laid down by the Supreme Court in its judgements. 

While writing the judgment, Justice Datta said that the in-house inquiry process is not parallel to the constitutional process for removing a constitutional court judge, so Sibal's argument that it's unconstitutional isn't valid in any way. 

The bench questioned Justice Varma's conduct and said, "It does not inspire confidence." Justice Datta and Justice Masih also said that the non-grant of a hearing to the judge by the then CJI prior to recommending his removal doesn't violate any procedure. Thus, the hearing can't be claimed as a matter of right. 

Earlier, on July 30, the apex court had reserved the order on Justice Varma's petition. 

The judgment was passed while hearing a petition demanding the invalidation of the report by an in-house inquiry panel that found him guilty of misconduct in the cash discovery matter. 

The report by the in-house inquiry panel indicted Justice Varma for the discovery of a huge amount of cash from his official Delhi residence on March 14, while serving as a judge in the Delhi High Court. It was found during a firefighting operation at the premises. 

The Central Government is planning to bring an impeachment motion in the Parliament to remove Justice Varma from office.