Congress MPs will be among signatories: Jairam Ramesh on proposed motion against Justice Varma in LS

New Delhi: The Congress will support and its MPs will be among the signatories to the motion to be brought against Justice Yashwant Varma in the Lok Sabha, senior party leader Jairam Ramesh said on Friday, asserting that then-CJI Sanjiv Khanna had "forced our hand" in the matter by writing to the president and the prime minister.

In an interview with PTI, Ramesh also stressed that the opposition would strongly push the issue of Justice Shekhar Yadav, against whom 55 opposition MPs moved an impeachment notice in the Rajya Sabha last December for allegedly delivering a hate speech at a gathering last year.

A fire incident at Justice Varma's residence in the national capital in March, when he was a judge at the Delhi High Court, had led to the discovery of several burnt sacks of banknotes in the outhouse.

Though the judge claimed ignorance about the cash, the Supreme Court-appointed committee indicted him after speaking to a number of witnesses and recording his statement. Justice Khanna had written to the president and the prime minister, recommending the removal.

Asked about the government's move in gathering signatures for moving the motion against Varma, Ramesh said, "Government cannot impeach. The Constitution, in article 124, very clearly states that it is the MPs who move a motion — 100 MPs in the Lok Sabha or 50 MPs in the Rajya Sabha.

"We are supporting; our MPs are also signing the motion in the Lok Sabha, and this is not for an impeachment but for setting up of a three-member committee by the Speaker under the The Judges (Inquiry) Act, 1968," he said.

"The committee will be set up, and it will investigate the matter, submit its report and on the basis of that report, presumably in the Winter Session of Parliament, there will be the process for the removal of the judge first in the Lok Sabha and then in the Rajya Sabha," Ramesh told PTI.

He emphasised that there should be a proper investigation, citing that the action against Justice Varma was initiated based on an in-house committee report.

"...we are concerned about it, and there should be a proper investigation. The former CJI has forced our hand; he has submitted a report, there was no FIR and an FIR which should have been registered. He has virtually forced the hand of MPs by submitting the report to the president and to the PM based on an in-house committee report," the Congress leader said.

Referring to Justice Yadav's issue, Ramesh said, "He (Justice Yadav) violated his oath, and he violated all principles of the Constitution. Now, seven months have passed, and we still don't know. I have met (Rajya Sabha) Chairman (Jagdeep Dhankar) repeatedly, and still that motion is pending," Ramesh said.

"Whether he is sitting on it on his own or he is made to sit on it, I don't know. I respect the Chairman. I expected him... to give the go-ahead," he said and added," the least we expect is that a committee is set up to examine the behaviour of Justice Yadav." His remarks came on a day Justice Varma moved the Supreme Court seeking to invalidate a report by an in-house inquiry panel, which found him guilty of misconduct in the cash discovery row.

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

The government plans to move a motion to remove Varma in Parliament's Monsoon session beginning July 21.

A report of the inquiry panel probing the incident had said that 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, 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 March 14 at the official residence Justice Varma, then a sitting judge of the Delhi High Court and now in the Allahabad High Court.

Acting on the report, former Chief Justice of India Khanna wrote to President Droupadi Murmu and Prime Minister Narendra Modi recommending the judge's impeachment.