Speaker Om Birla may ask CJI Gavai to suggest names of Supreme Court and High Court judges for the formation of an inquiry committee under the impeachment motion against Justice Verma.
New Delhi: Lok Sabha Speaker Om Birla may soon formally request Chief Justice of India B.R. Gavai to suggest the names of a sitting Supreme Court judge and a Chief Justice of a High Court for the formation of a three-member committee to investigate the charges leveled against Justice Yashwant Verma. This process is in accordance with the provisions prescribed under the Constitution when an impeachment motion against a judge is accepted in the House.
Formation Process of the Committee
Under the impeachment proceedings, the Speaker proceeds to form an inquiry committee after an initial review within the Parliament. This three-member committee typically includes a Supreme Court judge, a High Court Chief Justice, and a distinguished figure from a judicial or legal background.
The Speaker's letter will be sent to the Chief Justice, requesting him to propose the names of suitable judges from the Supreme Court and High Courts. This is a constitutional tradition, ensuring that the investigation is fair and impartial.
Background of the Allegations
Serious allegations were leveled against Justice Yashwant Verma when a large amount of cash was recovered from his official residence. Following this incident, an internal inquiry process was initiated against him, in whose report he was found guilty. This raised questions at both the judicial and parliamentary levels.
Currently, the matter is pending before the Supreme Court, where Justice Verma himself has challenged the report given by the three-member committee. It is on the basis of this report that the impeachment motion has been prepared against him.
Legal Challenge in the Supreme Court
A team of senior advocates representing Justice Verma has filed a petition in the Supreme Court, calling the matter a serious constitutional question. Senior lawyers including Kapil Sibal, Mukul Rohatgi, Rakesh Dwivedi, Siddharth Luthra, and Siddharth Agarwal, among others, have sought immediate listing of the petition.
Chief Justice Gavai has recused himself from hearing the case. He stated that he had previously discussed the subject, so it would not be appropriate for him to hear the matter. He assured that a special bench would be constituted soon to hear this petition.
