Committee discusses judges' conduct, flags row over justice Varma

Hindustan Times

4 days ago

The controversy surrounding sitting high court judge, justice Yashwant Varma, surfaced during a meeting of the parliamentary standing committee on personnel, public grievances, law and justice on Tuesday, officials aware of the development said. The controversy began on March 14 when a fire broke out at the outhouse of justice Varma's official residence in Delhi. (PTI)
The committee, chaired by Bharatiya Janata Party MP Brij Lal, heard the secretary of the department of justice on judicial processes and reforms, specifically focusing on the code of conduct for judges of the higher judiciary, and the taking up of post-retirement assignments by judges, said officials.
An official familiar with the discussions stated that some MPs introduced the justice Varma case as relevant to the meeting's agenda. Discussions reportedly centered on the code of conduct for judges and the concept of a mandatory cooling-off period before retired judges accept new positions.
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'Some suggestions were made by the members especially on the code of conduct of the judges and a suggestion was also made to perhaps look at the Veeraswami case,' the official said.
Justice Veeraswami, a former chief justice of the Madras high court, was accused of possessing assets disproportionate to his known sources of income during his tenure, and challenged the Central Bureau of Investigation's case against him under the Prevention of Corruption Act, 1947.
The apex court held that judges were indeed 'public servants' under the Prevention of Corruption Act, aligning with the definition provided in Section 21 of the Indian Penal Code, but added that to prosecute a judge, prior sanction was required.
Last month, vice-president Jagdeep Dhankar called for revisiting the landmark verdict.
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Another committee member said Times that discussions included proposals for a strict cooling-off period before retired judges can take up post-retirement positions. 'There is a belief by the members that this immediate positions should not be the case,' the member said, referencing the current absence of any constitutional provision mandating such a period.
Members reportedly suggested a specific time frame after retirement before a judge could accept another position, said officials.
Officials said that there were questions about the status of the report of a panel formed by former Chief Justice of India Sanjiv Khanna. 'A question was also raised as to why had the panel set up by former CJI Sanjiv Khanna not yet submitted its report to the Parliament. There are already reports on what the panel has found out and what it has suggested, so why is it not being submitted in Parliament?' said the officials.
The controversy began on March 14 when a fire broke out at the outhouse of justice Varma's official residence in Delhi. Firefighters reportedly found charred currency notes stuffed in sacks. The chief justice of the Delhi high court, justice Devendra Kumar Upadhyaya, flagged the matter to then CJI Khanna, who constituted a three-judge inquiry committee, which submitted its report on May 3, concluding that justice Varma was liable for misconduct.
On May 8, the Supreme Court issued a press release stating that justice Varma had submitted his response but had reiterated his earlier stand and denied wrongdoing, calling the incident a 'conspiracy.'
Justice Varma was subsequently divested of judicial work and transferred to his parent high court in Allahabad. On May 8, a letter by CJI Khanna was also sent to the President and Prime Minister, enclosing the inquiry report and requesting action.
The meeting comes days before the monsoon session of Parliament is set to begin. The Lok Sabha and the Rajya Sabha are expected to take up an impeachment motion against justice Varma in the session.