CJI to Form Bench for Hearing Justice Varma's Plea

Chief Justice of India B.R. Gavai announced on Wednesday that a Bench will be formed to hear a petition filed on behalf of Allahabad High Court judge, Justice Yashwant Varma. The petition challenges the in-house inquiry procedure and the recommendation made by then Chief Justice Sanjiv Khanna to remove the judge from office in May.

Chief Justice Gavai stated that he will not be part of the Bench due to his involvement in the consultations. Senior advocate Kapil Sibal requested an early hearing of the petition, to which Chief Justice Gavai responded by saying that a Bench will be constituted.

The petition raises constitutional issues regarding Chief Justice Khanna's recommendation for Justice Varma's removal. This move by the Chief Justice to examine the removal of Justice Varma comes after a removal motion was initiated in the Lok Sabha and Rajya Sabha.

The petition argues that the in-house inquiry process bypasses the exclusive authority of Parliament and is an unconstitutional mechanism. It challenges the in-house procedure as a threat to the separation of powers and judicial independence.

The petition also criticizes Chief Justice Khanna for not providing Justice Varma with a personal hearing or a chance to review the inquiry report. It highlights that the inquiry was based on presumptions and lacked proper procedures.