Not only impeachment but also criminal prosecution needed in Justice Varma case: Former ASG

New Delhi, May 28 (IANS) As the Centre considers initiating an impeachment motion against Allahabad High Court judge Justice Yashwant Varma, senior advocate and former Additional Solicitor General Aman Lekhi said on Wednesday that impeachment alone is not sufficient and criminal prosecution is also warranted in the case.

This development follows the findings of a Supreme Court-appointed in-house committee, which concluded that Justice Varma was in possession of unaccounted cash at his official residence in Delhi. The government is exploring the option of moving the impeachment motion during the Monsoon Session of Parliament, scheduled to begin in mid-July.

Speaking exclusively to IANS, Lekhi contended: "It is justified and should happen. The incident is a stain on the judicial system. Let me break it down: a judge is the epitome of justice, the essence of our legal system. All the values that sustain our system - transparency, fairness, accountability - are embodied in a judge. It is because of this embodiment that people accept judicial decisions."

"When an incident like this occurs, it raises doubts about the process we believed in. Such doubts weaken faith in the judiciary and the legal process itself. This leads to systemic collapse. In such a scenario, correction becomes necessary, and impeachment is a constitutionally sanctioned method to do that. But in my view, impeachment alone is not enough in this case. Based on my assessment, criminal prosecution is also necessary."

Lekhi further elaborated on the constitutional process of impeachment.

"Depending on whether it is introduced in the Rajya Sabha or Lok Sabha, a requisite number of Members of Parliament must petition for it. Then, the Speaker or Chairman considers it, and a committee is formed. This committee -comprising three senior judges - conducts a statutory examination of the matter."

However, Lekhi expressed scepticism about the effectiveness of the impeachment process in its current form.

"There is collaboration between institutions today, and often, one arm is not holding the other accountable. Impeachment is inherently a political process, and political processes have not been very efficacious in recent history. Factors like ideologies, biases, and political machinations often interfere. That's why I have reservations about the utility of the impeachment process alone. In serious matters like this, there should also be criminal prosecution as a remedy."

Asked whether Justice Varma should resign before impeachment proceedings are initiated, Lekhi said: "It depends on him. Justice Yashwant Varma had ample time to act appropriately since the controversy broke. Resigning would have been the right step if he believed he was innocent or that the allegations were unfounded. Unfortunately, he missed that opportunity. Instead, what we have seen is obstinacy."

"But this is not just about one individual's defiance—it reflects a broader culture of impunity. This is a culture where the system is challenged because people no longer believe it will deliver results. In my view, this is not just personal stubbornness; it is indicative of systemic failure. Until the force of law is felt in such cases, the credibility of the system will continue to erode," he added.

Lekhi warned of a larger crisis if strong action is not taken.

"People will begin to question how judges behave outside the courtroom. There will be a crisis of confidence and credibility. This moment is a critical juncture in our national destiny. It will test our moral fibre. The question now is: can we take difficult decisions and do what is right, even if it's hard?"

In conclusion, Lekhi stressed that mere institutional mechanisms are not enough unless they are enforced with seriousness.

"This is not just about one judge or one incident. It’s about whether our institutions have the strength and will to cleanse themselves. We must ensure that justice is not only done but is seen to be done - clearly, transparently, and fairly," he said.

--IANS

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