New Delhi, 28 July

The Supreme Court on Monday questioned Justice Yashwant Varma over his plea to invalidate an in-house inquiry panel report indicting him over the discovery of huge cache of burnt cash from his official residence during his tenure as a Delhi High Court judge.

"Why did you appear before the inquiry committee? Did you come to the court that the video be removed? Why did you wait for the inquiry to be completed and the report be released? Did you take a chance of a favourable order there first," a bench of Justices Dipankar Datta and AG Masih asked senior advocate Kapil Sibal, who was representing Justice Varma.

The top court further quizzed Justice Varma over the parties he had made in his plea and said he should have filed the in-house inquiry report with his plea.

Sibal submitted there was a process under Article 124 (the Establishment and constitution of the Supreme Court), and a judge couldn't be a subject matter of public debate.

"The release of video on SC website, public furore, media accusations against judges are prohibited as per constitutional scheme," Sibal added.

The top court asked Sibal to come with one page bullet points and correct the memo of parties.

The matter was posted for 30 July.

Justice Varma has sought quashing of the 8 May recommendation by then chief justice of India Sanjiv Khanna, urging Parliament to initiate impeachment proceedings against him.

His plea said the inquiry "reversed the burden of proof", requiring him to investigate and disprove the charges levelled against him.

Alleging that the panel's findings were based on a preconceived narrative, Justice Varma said the inquiry timelines were driven solely by the urge to conclude proceedings swiftly, even at the expense of "procedural fairness".

The petition contended that the inquiry panel drew adverse findings without affording him a full and fair hearing.

A report of the inquiry panel probing the incident had said Justice Varma and his family members had covert or active control over the store room where a huge cache of half-burnt cash was found following a fire incident, proving his misconduct which is serious enough to seek his removal.

The three-judge panel headed by Chief Justice Sheel Nagu of the Punjab and Haryana High Court conducted the inquiry for 10 days, examined 55 witnesses and visited the scene of the accidental fire that started at around 11.35 pm on 14 March at the official residence of Justice Varma, then a sitting judge of the Delhi High Court and now in the Allahabad High Court.

Acting on the report, then CJI Khanna wrote to President Droupadi Murmu and Prime Minister Narendra Modi recommending the judge's impeachment.