CJI recuses from hearing Justice Varma's plea

NEW DELHI: Chief Justice B R Gavai on Wednesday recused from hearing a petition by Allahabad high court's Justice Yashwant Varma, who has sought quashing of an in-house inquiry panel report finding him complicit in the sacks of cash discovered at his official residence on the night of March 14 when he was a judge of Delhi HC.

"It would not be proper for me (a bench headed by him) to take up the matter as I was part of the administrative processes related to the judge (linked to the cash-in-kothi incident). I will list it for hearing as soon as possible," CJI Gavai said. The other members of the bench were Justices K Vinod Chandran and Joymalya Bagchi.

Sibal seeks urgent hearing before LS admits Varma removal motion

Justice Yashwant Varma's counsel Kapil Sibal, who in his YouTube show has already doubted the procedure adopted by the inquiry panel and questioned then CJI Sanjiv Khanna's decision to send the report to the govt along with the recommendation to initiate a removal motion, sought urgent hearing before a bench headed by CJI Gavai a day after the govt garnered signatures of more than 150 Lok Sabha MPs for the removal motion.

Probably understanding the need for an expeditious hearing prior to the Lok Sabha speaker admitting the removal motion, Sibal said, "There is some urgency. Please list the HC judge's petition for hearing. The recommendation for his removal raises some important constitutional issues."

In his social media panel discussion, which included former SC judge Sanjay Kishan Kaul and ex-Delhi HC judge Mukta Gupta, Sibal had said sending the in-house panel report to the govt amounted to mixing politics with a purely constitutional process.

Justice Yashwant Varma's writ petition, filed through advocate Vaibhav Niti, has questioned why Delhi Police and Delhi Fire Service personnel, who discovered the cash, did not seize it or prepare a 'panchnama' (statement of witnesses in writing corroborating the discovery of cash), which alone could have been admissible evidence.

Accusing former CJI Khanna of subjecting him to media trial by uploading "unsubstantiated" material against him on the SC's official website, Justice Varma has said principles of natural justice were violated as the then CJI did not grant him a personal hearing after offering him the choice of either resigning or taking voluntary retirement in the wake of the damning report.

The May 3 report of the inquiry committee was sent to the President and the PM on May 8 with the recommendation to initiate removal motion.