THE JHARKHAND STORY DESK
New Delhi, July 23: Chief Justice of India BR Gavai on Wednesday recused himself from hearing a petition filed by Allahabad High Court judge Justice Yashwant Varma, who has moved the Supreme Court challenging the recommendation for his removal.
“We will take a call and constitute a bench,” CJI Gavai told senior advocate Kapil Sibal, who sought urgent listing of the case before a bench headed by CJI Gavai, alongside Justices K. Vinod Chandran and Joymalya Bagchi.
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The CJI said it would be inappropriate for him to handle the matter since he had been involved in prior discussions on the issue with his predecessor, Justice Sanjiv Khanna.
Justice Varma’s plea contests the findings of an in-house three-judge inquiry committee, which indicted him following the recovery of a large sum of cash from his official residence. The committee’s report, along with former CJI Sanjiv Khanna’s recommendation, led to the initiation of impeachment proceedings against him.
In his petition, Justice Varma alleges that the inquiry was biased, claiming he was denied a fair chance to present his defence. He further argues that the panel reversed the burden of proof and drew adverse inferences without any concrete evidence.
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The plea seeks a declaration that the May 8 recommendation to the President and Prime Minister for his removal is “unconstitutional and beyond legal authority.”
The controversy traces back to March 14, when cash was allegedly discovered by fire tenders at Justice Varma’s Delhi residence after a fire broke out while he was serving as a judge of the Delhi High Court. Varma was not at home during the incident.
