The inquiry committee of the Supreme Court has confirmed the cash getting cash from Justice Yashwant Verma’s house in its report.
The Supreme Court’s inquiry committee has submitted its report regarding the case of a large amount of cash at home, Justice Yashwant Verma of Delhi High Court. The committee has said in its report to Chief Justice Sanjeev Khanna that cash has been confirmed from Justice Yashwant Verma’s house. Now Justice Verma has been given two days to respond. They have the option to either resign or the option to face impeachment.
Before retirement on this entire matter, CJI Sanjeev Khanna will decide further action. In such a situation, the question is that if Justice Yashwant Verma resigns or does not face impeachment by doing so, will there be no action after withdrawing from the post in future? Know the answer from experts.
Will Justice Verma take action after leaving the post?
If you understand the current situation, you will resign Justice Yashwant Verma. If they do not do so, then impeachment motion can be brought against them. In the history of the Supreme Court of India, the proceedings of impeachment and expulsion against a Supreme Court or High Court judge were started 6 times. Under Article 124 (4) and 124 (5), judges of the Supreme Court and High Court (Article 217) can be removed from the post only after the President’s order.
The President can issue an order for expulsion after the address of Parliament. It is mandatory to get a special majority of each House of Parliament to the proposal to remove the judge. The special majority is the majority of the total membership of that House and the majority of at least two-thirds of the members present and voting of that House.
Now the question arises that what will happen to Justice Yashwant Verma after leaving the post of Judge? On this, the Supreme Court Advocate Ashish Pandey says that the judges cannot be removed arbitrarily to ensure the freedom of the judiciary in the country. The Indian Constitution says, the government cannot directly take action against the judge. The action will be in the same position when they leave the post.
After leaving the post, the same law will apply to them which applies to the common man. After leaving the post of judge, if the government takes steps to take action, then the agencies concerned will take the matter forward. How much punishment will be found, it depends on what the matter is made. If the matter is of corruption or money laundering, then the punishment will be decided accordingly.
When was impeachment in discussion?
V. Ramaswamy was the first judge against whom impeachment proceedings were initiated. In 1993, the proposal was brought to the Lok Sabha, but failed to achieve the necessary two-thirds majority.
Judge Saumitra Sen J., Judge of the Calcutta High Court, resigned in 2011 after the Rajya Sabha passed the impeachment motion against him. He was the first judge who was impeached by the Upper House for misconduct.
In 2015, 58 members of the Rajya Sabha held Gujarat High Court Judge J.B. A impeachment motion was presented against Pardiwala for objectionable remarks on the issue of reservation. After the proposal, he took that comment from the decision.In the same year, more than 50 members of Rajya Sabha have Justice S.K. The proposal demanding the removal of Gangale was signed, which was accused of sexual harassment by a former District and Sessions Judge in Gwalior. However, an inquiry committee constituted under the Judge Investigation Act, 1968 found the content on the record to establish a sexual harassment charge. As a result, the proposal was dropped.
In 2017, Rajya Sabha MPs, Judge of Andhra Pradesh and Telangana High Court C.V. Nagarjuna Reddy J. Made a proposal to start impeachment proceedings against. In March 2018, opposition parties signed a draft motion to bring impeachment motion against CJI Deepak Mishra. On 23 April, Rajya Sabha Chairman Venkaiah Naidu rejected the proposal to impeach.
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