Justice Yashwant Varma Case: Supreme Court Hearing- Live Updates

Judgment reserved.

J Datta: we read your brief, false statements made

J Datta: where is the complaint?; call out the next matter.

Nedumpura: I will lodge the complaint right away

J Datta: you have said something you cant support through documentary evidence. We are not reading Veeraswamy unless you can show the statements made in the writ petition

Nedumpura: it is because as per Veeraswamy, it would be futile exercise

Sibal: in inhouse procedure, the judge is to be heard. He was only heard before the CJI.

Snr Adv Mukul Rohatgi: the inhouse procedure does not say, but what was establed in the Calcutta case, it was established that the [CJ] called him first and then again after the report was published.

J Datta: in terms of CrPC, if you disclose a cognisance offence. we have not completed our sentence, how do you know what we are saying? allow us to complete. If you disclose cognisance offence, write it to police and register an FIR and police doesnt despite the Lalita Kumari, you approach the Magistrate. Yes or not? you cant even show us you approached the police. We are asking where is the complaint

Nedumpura: I didnt make complaint to police because of Veraswamy.

J Datta: judgment reserved.

If you dont approach the police, we can't help you.

Nedumpura: reads his representation to the police

Nedumpura: as a citizen, I have absolute freedom to make a statement

J Datta: we are not saying that, give us the representation

J Datta: come to page 18 of your writ petition, police didnt act on your representation made on May 26

Nedumpura: I am reading

J Datta: show us the representation, Mr Nedumpura, we will not hear you on judgment

J Datta: our answer is Article 141, how does it affect your Article 21 right?

Sibal: that law cant be contrary to Article 124(5)

J Datta: it says take "such actions" it does not mean removal; inhouse procedure has been in place for 30 years, all judges are supposed to know and takes oath. They know. It doesnt say removal because it would be contrary to 124(5). The recommendation has to be less then removal and it would be initiation.

J Datta: Nedumpura, we will hear you. But first, how did you get the confidential report?

Nedumpura: its there on LiveLaw

J Datta: we will issue notice to Livelaw, we will ask you to file affidavit on how you got the report