Impeachment of Justice Yashwant Varma based on in-house inquiry unconstitutional, says Sibal

New Delhi:  Senior advocate and Rajya Sabha member Kapil Sibal on Tuesday strongly opposed any move to initiate impeachment proceedings against Justice Yashwant Varma on the basis of an in-house inquiry report, calling it “entirely unconstitutional” and a serious threat to the independence of the judiciary.

Addressing a press conference here, Sibal noted that Union Law Minister Kiren Rijiju has been in talks with various opposition parties to build consensus for initiating an impeachment motion against Justice Varma. “If such a move is made, we will strongly oppose it,” he warned.

He emphasised that any attempt to remove a judge purely on the basis of an in-house inquiry — without following the due process laid out in the Judges (Inquiry) Act — would set a dangerous precedent.

“This is nothing short of an indirect way to control the judiciary,” he said.

“There is no provision in the Constitution that allows a judge to be removed solely based on the findings of an in-house inquiry. The Judges Inquiry Act, 1968, lays down the procedure to be followed for judicial accountability. Bypassing that would be illegal and a gross violation of constitutional safeguards,” Sibal said.

He added that if the government attempts to proceed with such action, he and like-minded lawmakers would not only oppose it in Parliament but also explore legal and constitutional remedies.

Acknowledging the seriousness of corruption allegations in the judiciary, Sibal said the issue should not be politicised. “This is not a matter for party politics. Allegations against Justice Varma must be dealt with seriously — but within the constitutional framework,” he said.

Justice Yashwant Varma, formerly a judge of the Delhi High Court, came under scrutiny after burnt cash was allegedly recovered from a storeroom in his official residence in the national capital. Following these allegations, the Supreme Court constituted an in-house inquiry committee, which submitted its report last month. The report has been forwarded to the Prime Minister’s Office and the President for further action.

While no formal impeachment motion has yet been filed in Parliament against Justice Varma, Sibal claimed that there have been behind-the-scenes efforts to initiate one.

“If this government goes ahead with the removal of a judge based merely on an in-house report, without a formal motion and inquiry under the Judges Inquiry Act, it will mark a dangerous turning point. It will damage judicial independence, weaken constitutional safeguards, and open the door to political misuse,” Sibal cautioned.

–IANS