Justice Varma’s impeachment: Government’s intention is to dismantle Collegium system, says Kapil Sibal

Rajya Sabha member Kapil Sibal alleged that the broader plan is to strip the judiciary of its autonomy and reintroduce National Judicial Appointments Commission to control appointment of judges

New Delhi: Rajya Sabha MP and senior advocate Kapil Sibal on Tuesday alleged that the government’s underlying motive in pursuing an impeachment motion against Justice Yashwant Varma is to dismantle the Collegium system and reintroduce the National Judicial Appointments Commission (NJAC) to control the appointment of judges.

Sibal also accused the government of adopting a selective approach in its treatment of cases involving Justice Varma and Justice Shekhar Yadav. Opposition MPs have submitted a notice in the Rajya Sabha seeking an impeachment motion against Justice Yadav for allegedly making “communal” remarks last year.

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Parliamentary Affairs Minister Kiren Rijiju has emphasised the government’s intent to consult all political parties before moving the impeachment motion against Justice Varma. A fire at Justice Varma’s residence in Delhi in March, when he was serving as a judge of the Delhi High Court, led to the discovery of several burnt sacks reportedly containing cash.

Addressing a press conference, Sibal said, “The government’s intention is to dismantle the Collegium system and take control of judicial appointments. Justice Varma is one of the finest judges I have ever appeared before. You ask any lawyer in the High Court or the Supreme Court — there is not a whiff of wrongdoing against him.”

Sibal criticised what he termed as double standards. “It is shocking that you’re targeting a judge with no evidence against him, while shielding another whose communal remarks are public and who is already facing an impeachment motion. The Chairman has been sitting on that motion, citing verification of signatures,” he said.

Sibal further stated that Minister Rijiju aims to bring the Supreme Court’s in-house inquiry report on Justice Varma into the public domain on the first day of the Monsoon Session. “For what purpose? Why are you protecting Shekhar Yadav?” he questioned.

He alleged that the broader plan is to strip the judiciary of its autonomy. “The political class must realise the game plan is to take away the power to appoint judges from the Collegium and hand it over to the NJAC. That is the entire purpose of this exercise,” Sibal said.

He strongly criticised the government’s decision to act against a High Court judge without due process. “There was no inquiry, no opportunity to be heard. This is absolutely shocking. Unfortunately, the political class is being dragged into this,” he added.

Sibal last week also questioned why Rajya Sabha Chairman Jagdeep Dhankhar had not acted on the notice for an impeachment motion against Justice Yadav, alleging that the government was shielding a judge who had made “totally communal” remarks in the public domain.

He said the incident smacks of discrimination. “On one hand, the Rajya Sabha Secretariat wrote to the Chief Justice of India advising him not to proceed with an in-house inquiry against Justice Yadav because a petition was pending in the Upper House. But no such direction was given in Justice Varma’s case.”

Sibal warned that any attempt by the government to remove Justice Varma based solely on the in-house inquiry report — bypassing the constitutionally mandated impeachment process — would be unconstitutional and strongly opposed as an attack on judicial independence.