Cash at home case: Probe against Justice Yashwant Varma to be a 'fact-finding' inquiry
fact-finding inquiry" into the allegations against Delhi High Court judge Yashwant Varma. It will conduct a «deeper probe» into the alleged discovery of sizeable cash at the judge's residence.
As per the laid down procedure, the Supreme Court in its leading judgement in 2015 said the «inquiry shall be in the nature of a fact-finding inquiry, wherein the judge concerned would be entitled to appear and have his say».
'Not formal judicial inquiry'
The judgement, authored by a bench headed by former CJI JS Khehar, made it clear that «it would not be a formal judicial inquiry involving the examination and cross-examination of witnesses and representation by lawyers». The verdict said «the committee shall devise its own procedure consistent with the principles of natural justice».
(a), (b), © of judgement
The judgement said «after such inquiry, the committee may conclude and report to the CJI that (a) there is no substance in the allegations contained in the complaint, or (b) there is sufficient substance in the allegations...and the misconduct disclosed is so serious that it calls for initiation of proceedings for removal of the judge, or © there is substance in the allegations contained in the complaint but the misconduct disclosed is not of such a serious nature as to call for initiation of proceedings for removal of the judge».
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The verdict said a copy of the report shall be furnished to the judge concerned. In the eventuality, where the panel finds no substance in the allegations, the complaint shall be filed by the CJI, as per the procedure (as laid down in the 2015 judgement).
Judge should be asked to quit if...
The panel finds that there is substance in the allegations and misconduct disclosed is such