NEW DELHI: Observing that Justice Yashwant Varma’s conduct does not inspire confidence, the Supreme Court on Wednesday posed sharp questions to the judge seeking invalidation of a report by an in-house inquiry panel which found him guilty of misconduct in the cash discovery row.The top court asked Justice Varma why did he appear before the in-house inquiry committee and not challenge it then and there.It told Justice Varma that he should have come earlier to the apex court against the in-house inquiry panel’s report.A bench of Justices Dipankar Datta and AG Masih said if the Chief Justice of India has material to believe that there is misconduct by a judge then he can inform the president and the prime minister.”Whether to proceed or not proceed is a political decision.But judiciary has to send a message to the society that process has been followed,” the bench observed.Senior advocate Kapil Sibal, appearing for Justice Varma, submitted that the in-house inquiry panel’s recommendation for his removal is unconstitutional.Sibal told the court that recommendation of proceedings for removal in this manner would set a dangerous precedent.He said Justice Varma did not approach earlier as tape was released and his reputation was already damaged.The top court also pulled advocate Mathews J.Nedumpara seeking registration of an FIR against Justice Varma.During the hearing, Justice Dipankar Datta questioned Nedumpara on whether he had even approached the police with a formal complaint before seeking the registration of an FIR.The top court reserved its order on Justice Varma’s petition challenging the in-house inquiry procedure and the Chief Justice of India’s recommendation for his removal.It also reserved its order on a separate petition filed by Nedumpara seeking registration of an FIR.Justice Varma has also sought quashing of the May 8 recommendation by then Chief Justice of India Sanjiv Khanna, urging Parliament to initiate impeachment proceedings against him.
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