‘He is still a learned judge’: CJI Gavai objects when lawyer refers to cash row judge as ‘Varma’
&imwidth=600&imheight=450&format=webp&quality=medium "‘He is still a learned judge’: CJI Gavai objects when lawyer refers to cash row judge as ‘Varma’")
Justice Yashwant Varma Photograph: (PTI)
On May 8, the then CJI Sanjiv Khanna wrote to the President and the PM recommending Justice Varma’s removal by initiating impeachment proceedings. Last week, Justice Varma moved the SC, challenging the committee report and the recommendation for his removal.
Chief Justice of India BR Gavai pulled up a lawyer in the Supreme Court on Monday when he referred to Allahabad High Court judge Justice Yashwant Varma, who is facing impeachment after a massive cash recovery from his official residence in New Delhi in March following a fire, as just “Varma”. Justice Varma was then a judge of the Delhi High Court and was later moved to the Allahabad High Court.
Advocate Mathews Nedumpara was urging the court for an urgent hearing on his petition seeking an FIR against Justice Varma.
After the recovery of half-burnt cash, a Supreme Court-appointed in-house committee found Justice Varma guilty of misconduct for the recovery of a huge stash of cash in the storeroom of his official residence.
On May 8, the then Chief Justice Sanjiv Khanna wrote to the President and the Prime Minister recommending Justice Varma’s removal by initiating impeachment proceedings against the judge.
Last week, Justice Varma moved the Supreme Court, challenging the in-house committee report and seeking to declare Justice Khanna’s recommendation for his removal as unconstitutional.
Nedumpara sought urgent listing of his petition and said he had moved it for the third time. At one point, he referred to the judge as “Varma”.
‘Is he your friend? How do you address him? Have some decorum’
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Expressing his resentment, the Chief Justice said, “If you want me to dismiss now, I will dismiss it now! Is he your friend? He is still Justice Varma. How do you address him? Have some decorum. You are referring to a learned judge. He is still a judge of the court. how are you referring to him as ‘Varma’?”
“I don’t think that greatness can apply to him,” Nedumpara responded.
When the lawyer insisted that the matter be listed, the CJI said, “Don’t dictate to the Court.”
Solicitor General Tushar Mehta also objected to Nedumpara reference and said that he was still a judge.
Nedumpara’s petition seeks directions to the Delhi Police to register an FIR against Justice Varma and investigate the cash recovery. It says that recovery of currency notes on this scale is a cognisable offence punishable under the Prevention of Corruption Act and the law against money laundering.
On March 14, firefighters and cops rushed to the judge’s official residence after a fire call and found a large amount of half-burnt currency notes in plastic bags. Nedumpara’s petition said police officers clicked photos and shot videos at the spot, but did not register an FIR. This is because the K Veeraswamy vs Government of India judgment states that the Chief Justice of India’s permission is necessary to register an FIR against a judge.
The lawyer’s petition states that the three-member inquiry committee formed by the Supreme Court is “unconstitutional” and interferes in the role of the police.
