Communal remarks row: Centre delaying notice on removal of Justice Yadav, says Sibal

Sibal also alleged that the government is adopting different criteria in the case of Justice Yashwant Varma, from whose official residence burnt cash was recovered after a fire incident, and speeding up action while it has no role constitutionally to play in it.

New Delhi: Senior Rajya Sabha MP Kapil Sibal on Saturday alleged that there is an attempt to delay the admission of impeachment notice against Justice Shekhar Yadav for his “communal” statements to ensure that he retires early next year without facing any action.

He also alleged that the government is adopting different criteria in the case of Justice Yashwant Varma, from whose official residence burnt cash was recovered after a fire incident, and speeding up action while it has no role constitutionally to play in it.

Addressing a press conference, Sibal said the government is defending Justice Yadav while claiming that it appears that it agrees with his controversial remarks made in the premises of Allahabad High Court that the majority community’s writ would run in the country.

He questioned the process adopted by the Rajya Sabha Secretariat in verifying the signatures of 55 MPs who have signed the notice seeking impeachment of Justice Yadav, who is presently in Allahabad High Court. Justice Yadav has not denied his remarks, he said.

“I was present when we submitted the notice on December 13 last year. An email was sent on March 7, which I haven’t received. Another email was sent on March 13 for a meeting with the Chairman. This mail was repeated on May 1. There was no mention of authenticating my signature,” he said.

Claiming that there is “no hurry” in taking action against Justice Yadav compared to the speed with which the government is moving on Justice Varma’s case, he said he would not have submitted the letter if he had not signed it.

He said the Secretariat has his specimen signature, which they could have used for verification. He also said he was present in Parliament during the Budget Session and the Secretariat could have approached him for verification but they did not or when he met Chairman Jagdeep Dhankhar.

Questioning Parliamentary Affairs Minister Kiren Rijiju’s remarks about Justice Varma’s impeachment, Sibal said the ruling BJP is trying to save Justice Yadav by delaying the notice’s admission so that no judge’s inquiry panel is formed to probe the allegations.

He also found fault with Rijiju’s remarks about the government’s initiative to move the impeachment motion against Justice Varma. He said the government has no role in moving a notice to impeach a judge as it is the prerogative of an MP to do so as per the Constitution.

Referring to the government’s stand that the Supreme Court-mandated in-house investigation was enough and no need for a judges inquiry panel, he said the Constitution does not recognise such a mechanism. Earlier this week, Rijiju said a three-member inquiry panel as per law will be formed.

Sibal also questioned why the in-house investigation report against Justice Varma was made public while asking whether such reports against judges, including Justice Ranjan Gogoi, were made public.

“Using this in-house report, the media is branding Justice Varma guilty. The in-house investigation does not indict Justice Varma, it has not said that the money belongs to him,” he added.