‘Issue of protecting Constitution’: Oppn MPs submit motion to impeach Allahabad HC judge over inflammatory speech | Mint

Rajya Sabha MP and senior Congress leader Kapil Sibal on Friday said that the opposition MPs had given a notice to the Rajya Sabha Secretary General to impeach Allahabad High Court judge, Justice Shekhar Kumar Yadav, due to an “inflammatory speech on 9 December at the High Court premises”.

As reported by ANI, citing Sibal, “We have given a notice to the Rajya Sabha Secretary General to impeach Allahabad High Court judge, Justice Shekhar Kumar Yadav. He had given an inflammatory speech on December 9 at the High Court premises…We believe that the judge has no right to hold that post and he should be removed…We have moved a motion to remove the judge.”

Sibal further stressed that this is not a political issue but an issue of protecting the Constitution and the independence of the judiciary.

Rajya Sabha MP urged Prime Minister Modi, Union Home Minister Amit Shah and leaders of the ruling party “to join us in protecting the Constitution”. The Supreme Court should also order the removal of the judge and he should not be assigned any work until a decision is taken on the motion…55 MPs have signed the motion, Sibal noted.

Also Read: Anti-Muslim remarks: INDIA bloc MPs push for impeachment as calls to remove Allahabad HC Judge Shekhar Yadav grow

Meanwhile, an impeachment motion against Allahabad High Court judge Justice Shekhar Yadav was submitted to the Secretary General of the Rajya Sabha today.

A group of MPs led by Kapil Sibal submitted the motion. 55 Rajya Sabha MPs signed the motion. Impeachment sought over Justice Yadav’s speech at a VHP event. The motion says the speech creates communal animosity and violates the secular ethos of the Constitution.

Here are the MPs who signed the letter:

What does the notice read?

The delegation included Vivek Tankha, Digvijaya Singh, P Wilson, John Brittas, and KTS Tulsi. The opposition has accused Justice Yadav of targeting minority communities through his remarks.

“On December 9, Justice Yadav made public remarks during event organised by Vishwa Hindu Parishad (VHP) that were inflammatory, prejudiced, and directly targeted minority communities. Justice Yadav, in his lecture has asserted the country would function according to the wishes of the majority (“bahusankhyak”) in India,” the notice read.

The opposition has stated that Justice Yadav’s actions contravene the directive principles enshrined in Article 51A(e) of the Constitution of India.

Also Read: Who is Justice Shekhar Yadav? The HC Judge behind the controversial ‘majority rules’ and ‘cow exhales oxygen’ remarks

“Justice Yadav’s actions contravene the directive principles enshrined in Article 51A(e) of the Constitution of India, which mandate promoting harmony and renouncing practices derogatory to the dignity of individuals,” the notice read.

The opposition also accused Justice Yadav of violating the Constitution of India.

“Speech/lecture delivered by Justice Shekhar Kumar Yadav, Judge of the Allahabad High Court, on Sunday i.e. December 9, in an event organised by Vishwa Hindu Parishad, prima facie shows that Justice Yadav, has engaged in hate speech and incitement to communal disharmony in violation of the Constitution of India,” the notice read.

What sparked the row?

At a VHP function on December 8, Justice Yadav said the main aim of the uniform civil code (UCC) was to promote social harmony, gender equality and secularism.

He was addressing a provincial convention of the VHP’s legal cell and high court unit in the Allahabad High Court.

A day later, videos of the judge speaking on provocative issues, including the law working according to the majority, were circulated widely on social media. It lead strong reactions from several quarters, including opposition leaders who questioned his reported statements, labelling them as “hate speech”.

Also Read: SC takes note of ’controversial’ remarks by Allahabad HC judge during VHP event, seeks details

Lawyer and convenor of the NGO Campaign for Judicial Accountability and Reforms Prashant Bhushan wrote to CJI Khanna on Tuesday seeking an “in-house enquiry” into the conduct of the Allahabad HC judge.

(With inputs from agencies)