Justice Yashwant Varma Case: Supreme Court Hearing- Live Updates

J Datta: in your case, there is no violation of the in-house procedure. You will have to show. There is a subtle difference.

Sibal: the CJ of HC directed two judge committee to be constituted, it is made in that context

J Datta: you are right, the additional district judge had appeared before that committee and then she came to the SC saying under inhouse procedure CJ of HC can't constitute a committee

J Datta: if this is the law laid down, you could have come then and there

Sibal: but how would I have known what's the recommendation. If I had come, I know what you would have said

J Datta: if you are challenging the constitutionality of procedure, you should have come earlier. If you are relying on some reports saying I am found guilty, it was available earlier. This happened after tapes were released.

Sibal: nobody can remove the images

J Datta: atleast what you are seeking now, you could have come earlier.

Sibal: but I am raising it now!

Sibal: I have no doubt that judges will decide, but report emanates from Supreme Court wesbite. Parliament was in session in March, the statements were made that they were awaiting the reports and then said we are forced to move impeachment because of the report.

J Datta: if this is the position, you have a ground. This committee's report is preliminary and it will not affect the future proceedings. If a parliamentarian or a minsiter says something, it matters very little.

Sibal: what is left in the matter? i am already prejudiced. I cant challenge this report.

J Datta: but was there lapse on procedure? parliament acts on its own and if its on its own recommend removal, you know who will be the members? if the committee members on its own high calibre be influenced by the preliminary report?

Sibal: I am not saying that, I am saying I have been held guitly in public because it emnantes from Supreme Court website

J Datta: you had opportunity before the committee

Sibal: judicial process started on recommendation of CJ of Delhi HC,

J Datta: its not judicial but inhouse

Sibal: but the tape was leaked

J Datta: we are with you on this point for now, it should not have been done

Sibal: the procedure needs to be kept confidential-this is violated in my case

Sibal: the exercise of powers of CJI for inhouse inquiry are moral or ethical and not under law

J Datta: it is in ignorance of 3(2) of Judges Protection Act

Sibal continues to read

J Datta: why we were on point that you should have come then and there- see this point[refers to a judgment]-

Sibal reads 2015 district judge case