Is the Government Targeting Justice Varma to Control Judicial Appointments?
Allegations of Political Motives Behind Impeachment Motion
New Delhi: On Tuesday, Rajya Sabha MP Kapil Sibal raised concerns that the government's push for an impeachment motion against Justice Yashwant Varma is driven by a desire to dismantle the Collegium system and establish the National Judicial Appointments Commission (NJAC) for judicial appointments.
Sibal, who is also a prominent lawyer, criticized the government for its selective approach in addressing the cases of Justice Varma and Justice Shekhar Yadav, the latter facing an impeachment notice for allegedly making communal remarks last year.
Law Minister Kiren Rijiju emphasized the government's commitment to involve all political parties in the impeachment process against Justice Varma. A fire incident at Varma's residence in March, while he served as a judge at the Delhi High Court, led to the discovery of several burnt cash sacks.
During a press conference, Sibal asserted that the government's intention is to eliminate the Collegium system and seize control over judicial appointments.
Regarding Justice Varma, Sibal stated, "I can confidently say he is among the finest judges I have appeared before. Any lawyer in the High Court or Supreme Court would attest to his integrity. Ask any lawyer in Allahabad."
He expressed disbelief that the government is targeting a judge without evidence while simultaneously protecting another judge whose controversial statements are publicly known and who has an impeachment motion pending verification.
Rijiju aims to present a motion on the first day of Parliament's Monsoon session to disclose the Supreme Court's internal inquiry report concerning Justice Varma.
Sibal questioned, "What is the reason for protecting Shekhar Yadav?" He further alleged that the opposition fails to recognize the government's strategy to transfer judicial appointment powers from the Collegium to the NJAC, which he claims is the underlying motive behind these actions.
He criticized the government for making decisions against a high court judge without following due process or conducting an inquiry.
Sibal noted that the judge was not given a chance to defend himself, calling the situation shocking and lamenting the involvement of the political class.
Last week, Sibal had also questioned why Chairman Jagdeep Dhankhar had not acted on the impeachment notice against Justice Yadav, suggesting that the government is attempting to shield the judge who made divisive remarks.
He pointed out that the Rajya Sabha secretariat had instructed the Chief Justice of India to halt an internal inquiry against Yadav due to a pending petition, while no such action was taken in Justice Varma's case.
Sibal warned that if the government attempts to remove Varma based on the Supreme Court's internal inquiry without following the impeachment process, it would be unconstitutional and face strong opposition, jeopardizing judicial independence.