The Supreme Court on Wednesday agreed with Justice Yashwant Varma's submission that the video of burnt wads of currency notes found at his residence should not have been uploaded on the apex court website.
However, a bench of Justices Dipankar Datta and A G Masih said just because tapes have been published on the website, it does not mean the process is vitiated and Justice Varma can go "scot-free".
The top court said the impeachment proceedings will be held independently in the Parliament, without reference to the in-house report.
On the question of delay in approaching the top court, senior advocate Kapil Sibal, arguing for Justice Varma, said a tape was released on the SC website and the judge's reputation was already damaged.
"Tape was released. It was already released, my reputation already damaged. What would I come to court for?" Sibal said.
Justice Datta remarked, "We are with you on this for the time being. It should not have been done."
However, Justice Datta said, "It does not mean that there has been some lapse in the procedure, which affects the powers of the Parliament to take action against you, because Parliament, I need not to say with any emphasis, it has its own powers.
"Parliament is not supposed to be guided by what judiciary says or what CJI recommends. They are supposed to act independently and if, at all, Parliament admits the motion and if an inquiry committee is set up, you know who can be the members of the committee.
"Do you think those members, people of high calibre, would be influenced by preliminary report where you will have whole opportunity to demolish what are the findings," he said.
The top court was hearing Justice Varma's plea seeking invalidation of a report by an in-house inquiry panel which found him guilty of misconduct in the cash discovery matter. The in-house inquiry panel report indicted Justice Varma over the discovery of a huge cache of burnt cash from his official residence during his tenure as a Delhi High Court judge.
In an unprecedented move, the top court on Mach 22 uploaded on its website an in-house inquiry report, including photos and videos, into the discovery of a huge stash of cash at the residence of Justice Varma who was then Delhi High Court judge.
The report contains photos and videos of the cash discovered at a storeroom at Justice Varma's house during a firefighting operation on the night of Holi, March 14.
However, a bench of Justices Dipankar Datta and A G Masih said just because tapes have been published on the website, it does not mean the process is vitiated and Justice Varma can go "scot-free".
The top court said the impeachment proceedings will be held independently in the Parliament, without reference to the in-house report.
On the question of delay in approaching the top court, senior advocate Kapil Sibal, arguing for Justice Varma, said a tape was released on the SC website and the judge's reputation was already damaged.
"Tape was released. It was already released, my reputation already damaged. What would I come to court for?" Sibal said.
Justice Datta remarked, "We are with you on this for the time being. It should not have been done."
However, Justice Datta said, "It does not mean that there has been some lapse in the procedure, which affects the powers of the Parliament to take action against you, because Parliament, I need not to say with any emphasis, it has its own powers.
"Parliament is not supposed to be guided by what judiciary says or what CJI recommends. They are supposed to act independently and if, at all, Parliament admits the motion and if an inquiry committee is set up, you know who can be the members of the committee.
"Do you think those members, people of high calibre, would be influenced by preliminary report where you will have whole opportunity to demolish what are the findings," he said.
The top court was hearing Justice Varma's plea seeking invalidation of a report by an in-house inquiry panel which found him guilty of misconduct in the cash discovery matter. The in-house inquiry panel report indicted Justice Varma over the discovery of a huge cache of burnt cash from his official residence during his tenure as a Delhi High Court judge.
In an unprecedented move, the top court on Mach 22 uploaded on its website an in-house inquiry report, including photos and videos, into the discovery of a huge stash of cash at the residence of Justice Varma who was then Delhi High Court judge.
The report contains photos and videos of the cash discovered at a storeroom at Justice Varma's house during a firefighting operation on the night of Holi, March 14.
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