As Justice Yashwant Varma defies resignation calls, CJI Khanna recommends removal

TODAY, THE CHIEF JUSTICE OF INDIA (‘CJI’) SENT A MISSIVE to the President of India and the Prime Minister, along with a copy of the report of the in-house inquiry which is learnt to have found allegations against Justice Yashwant Varma credible. The letter from CJI Sanjiv Khanna also has a copy of the response given by Justice Varma about the findings of the in-house inquiry.CJI Khanna's letter is in terms of the In-house procedure, says a press note released by the Supreme Court of India.On May 3, a three-member committee comprised of Justices Sheel Nagu, G.S. Sandhawalia and Anu Sivaram, Chief Justices of the Punjab & Haryana and Himachal Pradesh High Courts, and a judge at the Karnataka High Court, respectively, submitted its report to CJI Khanna. The committee was formed to investigate the allegations against Justice Varma, the then-sitting judge of the Delhi High Court, in whose residence sacks of burning currency were reportedly discovered.As per a report by The Wire, the committee is learnt to have found allegations against Varma credible..Now that CJI Khanna has sent a letter to the Prime Minister, it is understood that he has recommended removal of Justice Varma as he has refused to resign..It is also learnt that after receiving the report, CJI Khanna sent a letter to Justice Varma seeking his comments on the report, and also advising him to resign.In the evening today, it was reported that Justice Varma refused to resign as the High Court judge.Now that CJI Khanna has sent a letter to the Prime Minister, it is understood that he has recommended removal of Justice Varma as he has refused to resign.As per the in-house inquiry procedure if the committee finds sufficient substance in the complaint/allegations and the misconduct disclosed is so serious so as to warrant the removal of the judge concerned, the CJI first asks the judge concerned to resign from office or seek voluntary retirement. Given that Justice Varma has reportedly refused to resign, the CJI will ask the Chief Justice of the concerned High Court not to assign him judicial work. At the same time, the CJI also wrote to the Prime Minister and President about the same and stated that it has been done because the allegations against the judge concerned are found to be serious, warranting his removal..What are the options before CJI Sanjiv Khanna as the ‘Justice Verma’ in-house committee finally submits report?.In the past, former CJI Dipak Misra had written a letter to the Prime Minister seeking removal of the Allahabad High Court Justice S. Narayan Shukla after he was found guilty by an in-house committee for his involvement in the alleged medical college bribery case. Justice Shukla, however, was never impeached as no motion for his impeachment was ever moved in the Parliament. In August 2008, the then CJI K.G. Balakrishnan had written to the Prime Minister seeking the removal of Justice Soumitra Sen from the Calcutta High Court who was found guilty of misappropriation of money. Justice Sen resigned before the impeachment motion could be voted upon in the Rajya Sabha. The motion was passed in the Lok Sabha.