New Delhi, Aug 12 Lok Sabha Speaker Om Birla on Tuesday announced a three-member panel to probe allegations against Justice Yashwant Varma, who has been at the centre of controversy since burnt cash was found on March 14 in an outhouse of his official residence allotted to him while he was serving in the Delhi High Court.
The three-member panel includes Justice Aravind Kumar of the Supreme Court, Chief Justice Maninder Mohan of the Madras High Court, and senior advocate B.V. Acharya.
“The committee will submit its report as early as possible. The proposal will remain pending till the receipt of the report of the inquiry committee," announced Speaker Om Birla.
The announcement came after 145 MPs from both the ruling and Opposition benches submitted an impeachment notice to the Lok Speaker on July 21, seeking the removal of Justice Varma, a sitting judge of the Allahabad High Court.
Under Articles 124, 217, and 218 of the Constitution, the Parliament is empowered to investigate the conduct of a High Court judge sought to be impeached.
Article 217 safeguards the independence of the judiciary by laying down the provision for removal of a High Court judge only for “proven misbehaviour or incapacity”, with the requirement of a two-thirds majority in both Houses of Parliament.
Article 124(4) of the Constitution outlines the process for removing a Supreme Court judge, and the same procedure applies to a High Court judge.
Under the Judges Inquiry Act, 1968, an impeachment motion can be introduced in either House of Parliament. At least 50 Rajya Sabha MPs must sign the motion -- which is a record of the intention to impeach -- for it to proceed further. In the Lok Sabha, that number is 100.
Last week, the Supreme Court dismissed a writ petition filed by Justice Varma challenging the findings of the three-member in-house inquiry committee that recommended his removal under Article 124(4) of the Constitution.
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