Procedure scrupulously followed: SC junks Justice Varma's plea

The Supreme Court on Thursday junked a plea filed by Allahabad HC judge, justice Yashwant Varma, challenging the recommendation made by the then CJI for his impeachment on the basis of a report by an in-house inquiry committee that indicted him in the cash-at-residence row.

A bench of justices Dipankar Datta and Augustine George Masih held that the former CJI and the in-house committee constituted by him had "scrupulously followed the process except uploading photos and videos (of discovery of cash at Varma's Delhi residence)".

The bench clarified that "nothing turns on it" (uploading of photos and videos) because at the "opportune moment", justice Varma did not challenge it.


SC ruled that CJI sending a letter to the PM and President (recommending Varma's impeachment) was "not unconstitutional". It held that the constitution of the in-house committee (comprising two chief justices and one high court judge) and the procedure followed by it into the incident was not illegal.

"We have made certain observations where we have kept it open for you to raise proceedings if needed in the future," the bench said while dismissing Varma's petition.

The bench had framed a few issues for consideration. On the issue of "does the inquiry have legal sanction", it ruled that the procedure has "legal sanction". The bench also ruled that "it is not a parallel and extra-constitutional mechanism".

On the issue of alleged violation of rights, SC answered that no fundamental rights of justice Varma were violated. The court also addressed the submission that the opportunity of hearing was not given to Justice Varma before forwarding the report to the President and the PM. It ruled that doing so was not the requirement of the procedure.