New Delhi: The opposition INDIA bloc is seeking to initiate impeachment proceedings against Allahabad High Court judge Justice Shekhar Kumar Yadav, over his controversial speech targeting minorities made at an event organised by the Vishwa Hindu Parishad’s legal cell on 8 December.
Opposition MPs told ThePrint they are working towards getting a notice moved in the Rajya Sabha as well as the Lok Sabha against Justice Yadav by Thursday. Nearly 40 MPs from across parties including the Congress, All India Trinamool Congress, CPI(M), CPI, RJD, AAP and SP have already signed a petition in this regard in the Upper House.
Under the Judges (Inquiry) Act, 1968, once at least 50 signatures are gathered, the notice will be fit to be considered for admission by the Rajya Sabha Chairman. Parallelly, efforts, led by National Conference MP Ruhullah Mehdi, are also being made to move a motion against Yadav in the Lok Sabha.
From the Congress, in the Rajya Sabha, signatories so far include Vivek Tankha, Renuka Chowdhury, besides Manoj Jha of the RJD, John Brittas of the CPI(M), AAP’s Sanjay Singh, and Javed Ali Khan of Samajwadi Party.
In the Lok Sabha, efforts have gained pace as well, a senior Congress MP said. All India Trinamool Congress MP Mahua Moitra also posted on ‘X’ that all TMC MPs have signed the petition against Yadav.
Sources said charges against Yadav pressed in the notices being pushed in both the Houses are nearly similar.
He has been accused of delivering hate speech and spreading communal disharmony through his remarks at the VHP event organised on Allahabad High Court premises.
In addition, he has been condemned for using “derogatory language” against the Muslim community, rendering him “incapable of serving as a non-partisan judge as is required under Article 14 of the Constitution”.
He has also been accused of endorsing political issues and “extending support to the ideological position of political organization Vishwa Hindu Parishad”.
At the VHP event, Justice Yadav said he felt no hesitation in saying that the country will function as per the wishes of the majority. “I have no hesitation in saying that this is Hindustan, this country would function as per the wishes of the bahusankhyak (majority) living in Hindustan. This is the law. You can’t say that you are saying this being a high court Judge. The law, in fact, works according to the majority.”
ThePrint reported earlier how the sitting judge also said at the VHP event that while children in one community were taught tolerance and kindness, in another community, “children are shown slaughter of animals since childhood,” so how can they be expected to be kind and generous.
In the Lower House of Parliament, at least 100 signatures are required for such a petition to be admitted by the Speaker. If the motion is admitted, the Speaker is supposed to form a three-member committee comprising a Supreme Court judge, the Chief Justice of a high court and a distinguished jurist that shall frame charges against the judge based on which the investigation is proposed to be held.
After giving the judge an opportunity to respond, the committee shall submit its report. And if the report finds the judge “guilty of any misbehaviour,” it shall be taken up for consideration and debated.
Under Article 124(4) of the Constitution, the motion for removal would be required to be supported by a majority of the total membership of both Houses and “by a majority of not less than two-third of the members of the House present and voting”.
On Tuesday, the Supreme Court also took note of Yadav’s remarks and sought details about the proceedings of the event from the Allahabad High Court. The Bar Council of India has also condemned Yadav’s remarks.
(Edited by Amrtansh Arora)
Also Read: Bar Association of India demands apology from Justice Shekhar Yadav. ‘Contrary to secularism’
