The Opposition must not support any move by the government to impeach Justice Yashwant Varma till an inquiry is set up under impeachment proceedings against Justice Shekhar Yadav for his “communal” remarks, Rajya Sabha MP Kapil Sibal said on Saturday.

In an interview with PTI, Sibal contended that the case of Varma, who is embroiled in a row following the discovery of burnt wads of currency at his residence after a fire incident, was not one of corruption and so the parties thinking that they should support action against the judge as it is graft matter should review their position.

He also said that the opposition should first seek the setting up of an inquiry against Justice Yadav under impeachment proceedings after the opposition MPs in December 2024 submitted a notice in the Rajya Sabha to move an impeachment motion against him for allegedly making “communal remarks” last year at a VHP event.

The Independent Rajya Sabha MP claimed there could be two motives of the government in moving ahead with bringing an impeachment motion against Varma -- they are unhappy with with him because he is “one of the most independent High Court judges” and alternatively they may be thinking that this is a “great opportunity to put pressure on the courts” and try to bring another form of the National Judicial Appointments Commission (NJAC).

“I think the institution has broad enough shoulders to withstand such moves of the government,” he said.

Asked if the situation arises would he be ready to defend Varma in Parliament during impeachment proceedings, Sibal, who is also a senior advocate, said, “This is just an academic issue, first the judge has to ask me.”

Sibal’s remarks come amid the government beginning the exercise of collecting signatures of MPs to move a motion in Parliament to remove Justice Varma. Sources said signatures of many MPs from the Lok Sabha have been collected for the impeachment exercise, an indication that the motion may be moved in the Lower House.

Parliamentary Affairs Minister Kiren Rijiju has said that a motion to remove Varma will be brought in Parliament’s next session, beginning from July 21.

Slamming the government for moving ahead with collecting signatures, Sibal said, “First of all, what has the government got to do with this? Under the Constitution, either 100 members of the Lok Sabha or 50 members of the Rajya Sabha can move a motion for impeachment. The Constitution process dehors the government.”

The fact that the government is collecting signatures means that it is interested as an entity to move the motion and impeach him, whereas the Constitutional process dehors the government, he said.

“I am a bit surprised but this is what happens when you have governments moving impeachment motions. Obviously, they don’t want the judge for reasons that they know best,” Sibal told PTI.

Asked what would be his message to opposition parties, Sibal said this is not an issue of parties at all and even the government is erroneously moving through by collecting signatures.

“It has nothing to do with the government, it has nothing to do with opposition parties. It is something to do with members of Parliament. If the opposition parties give a diktat, fifty MPs will sign. And if a government gives a diktat, a hundred will sign. But the question is, this itself is constitutionally impermissible,” he contended.