New Delhi (PTI): The Supreme Court on Wednesday said it would constitute a bench to hear Allahabad High Court judge Justice Yashwant Varma's plea seeking to invalidate a report by an in-house inquiry panel, which found him guilty of misconduct in the cash discovery row.
Justice Varma has also sought quashing of the May 8 recommendation by then Chief Justice of India Sanjiv Khanna urging Parliament to initiate impeachment against him.
The matter was mentioned for urgent listing before a bench comprising Chief Justice B R Gavai and Justices K Vinod Chandran and Joymalya Bagchi.
Senior advocate Kapil Sibal, who mentioned the matter for Justice Varma, said the plea was in respect of recommendation made by the then CJI for removal of Justice Varma.
"We have raised some constitutional issues. I request your lordships to list it as early as possible," he said.
The CJI said, "I will have to constitute a bench".
He said it might not be proper for him to take up the matter as he was also a part of the process.
"We will take a call and constitute a bench," the CJI told Sibal.
In his petition, Justice Varma submitted that the inquiry "reversed the burden of proof", requiring him to investigate and disprove the charges levelled against him.
Alleging that the panel's findings were based on a preconceived narrative, Justice Varma said the inquiry timelines were driven solely by the urge to conclude proceedings swiftly, even at the expense of "procedural fairness".
The petition contended that the inquiry panel drew adverse findings without affording him a full and fair hearing.
A report of the inquiry panel probing the incident had said that Justice Varma and his family members had covert or active control over the store room where a huge cache of half-burnt cash was found, proving his misconduct which is serious enough to seek his removal.
The three-judge panel headed by Chief Justice Sheel Nagu of the Punjab and Haryana High Court conducted the inquiry for 10 days, examined 55 witnesses and visited the scene of the accidental fire that started at around 11.35 pm on March 14 at the official residence of Justice Varma, then a sitting judge of the Delhi High Court and now in the Allahabad High Court.
Acting on the report, then CJI Khanna wrote to President Droupadi Murmu and Prime Minister Narendra Modi recommending the judge's impeachment.
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Kolkata (PTI): Tension gripped South 24 Parganas' Bhangar and its adjoining areas during the second phase of polling in West Bengal on Wednesday, with the Indian Secular Front (ISF) accusing TMC of trying to intimidate polling agents and influence voters.
NIA officials have been deployed in at least seven Assembly seats of West Bengal, where the second phase of polling is underway on Wednesday, after the Election Commission asked the federal probe agency to ensure bombs are not used to disrupt polling.
On April 26, police recovered crude bombs from the house of a person, allegedly a TMC worker, in Bhangar. Later, on a directive by the Union Home Ministry, the NIA registered a case to probe the recovery of 79 crude bombs in the state.
Trouble was reported from several pockets of Bhangar and Canning Purba constituency since morning, prompting heavy deployment of central forces, state police and NIA teams in sensitive areas.
At Hedia in Canning Purba constituency, the ISF alleged that one of its polling agents received death threats from TMC supporters.
ISF candidate Arabul Islam rushed to the spot after receiving the complaint and accused the administration of failing to ensure a fair election.
"Votes are being looted in Canning Purba. Our agents in booths are being driven out of several booths after snatching their cards and documents," he alleged.
Since morning, Islam was seen visiting booths and asking security personnel to clear gatherings within 100 metres of polling stations, while also assisting ISF polling agents in entering booths.
ISF chairman and Bhangar MLA Naushad Siddiqui also alleged that party workers and agents were being intimidated by ruling party supporters, but claimed that the overall atmosphere in Bhangar was comparatively peaceful compared to previous elections.
The fresh allegations and tension came a day after several areas of Bhangar, including Kochpukur and Joypur under Bhangar-II block, witnessed clashes between TMC and ISF supporters.
ISF supporters alleged that workers of the ruling party roamed through neighbourhoods on Tuesday night and threatened locals. When ISF workers protested, clashes broke out, leaving at least four of their compatriots, including a woman, injured.
Later, Siddiqui said, "The people of Bhangar are finally exercising their democratic rights. Earlier, bombs, bullets and pistols decided elections here. This time, people are choosing ballots and voting with a smile."
He alleged that "political dealers" and local goons loyal to TMC leader and Bhangar candidate Saukat Molla were trying to provoke ISF workers and create tension in certain areas.
"Agents are being threatened and prevented from functioning freely. We repeatedly informed the administration, but police are acting in favour of the ruling party and not cooperating," Siddiqui alleged.
Later in the day, the ISF leader also claimed that voters were prevented from exercising their franchise freely during the 2023 panchayat polls and the 2024 Lok Sabha elections. However, the situation has improved this time, he said.
The TMC denied the allegations and accused the ISF of trying to create unrest in the constituency to influence polling.
Security was significantly tightened in Bhangar, where, apart from state police and central forces, a special team of the National Investigation Agency (NIA) was also deployed to monitor sensitive pockets.
