Your conduct does not inspire confidence, why did you appear before committee: Supreme Court to Justice Varma

The Supreme Court Wednesday verbally observed that the "conduct" of Justice Yashwant Varma "does not inspire confidence", as it reserved order on a plea filed by the beleaguered Allahabad High Court judge challenging the in-house inquiry committee's report that indicted him in the cash-at-residence row.

The top court again cornered Justice Varma on why he appeared before the committee if he felt it had no legal power to investigate the matter. "The conduct is relevant. Your conduct says a lot. Your conduct does not inspire confidence," a division bench of justices Dipankar Datta and Augustine George Masih verbally told senior advocate Kapil Sibal, counsel for Justice Varma.

The bench also cautioned Sibal to refrain from raising the report submitted by the three-judge committee. "We don't want to go into facts. We don't want something to be spilled here. Why are you inviting us to go to the report? It was not the remit of the committee to find out who did the money (cash) belong to," Justice Datta verbally observed. Sibal argued that the tape of the alleged recovery of cash from Justice Varma's official residence in New Delhi should not have been put out on the Supreme Court website.


In response, Justice Datta verbally remarked "just because the tape has been put on the website it doesn't mean you will go scot-free". He said "there has been no blatant violation of the in-house procedure adopted" by the Supreme Court in the instant case.

Justice Datta added that former chief justice of India (CJI) Sanjiv Khanna, who recommended initiation of removal of Justice Varma to the president, "did what was expected of him". He added that the former CJI followed the set procedure.

Defending the former CJI's recommendation, Justice Datta said, "It is just a recommendation for removal. And the CJI has the power to recommend (for initiation of removal of a HC judge)". Justice Datta made it clear that the office of "chief justice is not just a post office. The CJI has the authority. He (CJI) has a duty towards the nation". Reserving the order on Justice Varma's plea, the bench verbally remarked that the recommendation made by the CJI "does not affect the powers of the Parliament". "Is the Parliament bound to accept the recommendation of the CJI ? Parliament has its own powers. It (Parliament) is not supposed to be guided by what the CJI or SC says. Parliament is supposed to act independently," Justice Datta said.

In his plea, Justice Varma has also sought a declaration that the recommendation made by former CJI Sanjiv Khanna for his removal as a high court judge be declared unconstitutional and ultra vires.

Bundles of burnt banknotes were allegedly recovered from an outhouse of Justice Varma's residence in Delhi after a fire incident in March.