CJI FORMS THREE MEMBER COMMITTEE FOR DEEPER PROBE INTO JUSTICE VARMA
- Chief Justice of India (CJI) Sanjiv Khanna has formed a three-member committee to probe allegations against Justice Yashwant Varma, a senior judge of the Delhi High Court. The allegations involve a huge amount of cash being found at Justice Varma’s official residence during a blaze.
- The committee members are:
- Sheel Nagu, Chief Justice of Punjab and Haryana.
- S. Sandhawalia, Chief Justice of Himachal Pradesh.
- Anu Sivaraman, Judge of Karnataka High Court.
BACKGROUND OF THE PROBE
- The committee was formed 24 hours after the Delhi Chief Justice, D.K. Upadhyaya, submitted a report regarding the allegations.
- The Delhi Chief Justice’s enquiry was aimed at checking the truth of the allegations and gathering evidence.
- The Supreme Court has decided to upload the report and Justice Varma’s response on its website for full transparency.
ACTION AGAINST JUSTICE VARMA
- CJI Khanna has instructed Justice Upadhyaya not to assign any judicial work to Justice Varma while the inquiry is ongoing.
- The committee will give Justice Varma an opportunity to defend himself against the allegations before submitting their findings.
Nature of the Inquiry:
- The inquiry is described as a confidential enquiry aimed at maintaining institutional credibility under the oversight of the CJI.
- The Supreme Court emphasized that the inquiry will be fair, ensuring judicial integrity. Judges must be impartial and free from corrupt influences.
POSSIBLE OUTCOMES
- If the committee finds that the allegations are substantial, the CJI may advise Justice Varma to resign or take voluntary retirement.
- If Justice Varma refuses to accept the advice, the CJI will inform the President and Prime Minister, which may lead to proceedings for his removal.
- Justice Varma could be transferred.
THE OUTCOME
JUSTICE VARMA’S CURRENT POSITION
- Justice Varma is the second most senior judge in the Delhi High Court and a member of its Collegium.
- The Supreme Court had earlier proposed transferring Justice Varma to the Allahabad High Court, where he would be lower in seniority and out of the Collegium
- This transfer proposal was met with objections from the Allahabad High Court Bar Association.
THE COLLEGIUM SYSTEM
- What is the Collegium System?:
- The Collegium System is a method for appointing and transferring judges to the Supreme Court and High Courts.
- It is not established by an Act of Parliament, but has evolved through Supreme Court judgments, especially in the Judges Cases.
- Composition of the Collegium:
- For Supreme Court Appointments: The Collegium consists of the CJI and the four senior-most judges of the Supreme Court.
- For High Court Appointments:
- High Court Collegium: The Chief Justice of the High Court and two senior-most judges of the High Court.
- Supreme Court Collegium: The CJI and the two senior-most Supreme Court judges.
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