Oppn submits notice in RS for indictment of Allahabad HC judge for ‘controversial remarks’

Last update:December 13, 2024, 2:01 p.m. IST

Opposition MPs said Justice Shekhar Kumar Yadav’s remarks on the Uniform Civil Code at a VHP event amounted to “hate speech” and “incitement to communal discord”.

Allahabad High Court Judge Shekhar Kumar Yadav speaks at VHP event | Image/X

Members of several opposition parties on Friday filed a notice in the Rajya Sabha for the removal of Allahabad High Court judge Shekhar Kumar Yadav over his alleged controversial remarks at a recent VHP event, they said. indicated sources.

The notice of impeachment motion was signed by 55 opposition MPs, including Kapil Sibal, Vivek Tankha, Digvijaya Singh, John Brittas, Manoj Kumar Jha and Saket Gokhale.

These MPs met the Rajya Sabha general secretary and handed over the impeachment notice minutes before the start of the day’s proceedings, the sources said.

Some of the other prominent MPs who signed the notice are P Chidambaram, Randeep Surjewala, Pramod Tiwari, Jairam Ramesh, Mukul Wasnik, Naseer Hussain, Raghav Chadha, Fauzia Khan, Sanjay Singh, AA Rahim, V Sivadasan and Renuka Chowdhury.

The notice of application was filed under the Judges (Inquiry) Act, 1968 and Article 218 of the Constitution, seeking initiation of proceedings for the impeachment of Justice Yadav.

“Hate speech, incitement to community discord”

The notice mentioned that the speech/lecture delivered by Justice Yadav at an event organized by the Vishva Hindu Parishad (VHP) prima facie showed that he “indulged in hate speech and incitement to communal discord in violation of the Indian Constitution.”

The opinion also noted that the judge had demonstrated prima facie that he targeted minorities and demonstrated bias and prejudice against them.

He then said that Justice Yadav had participated in public debate or expressed his views in public on political issues related to a uniform civil code, in violation of the Reaffirmation of Values ​​of Judicial Life of 1997.

The opinion noted that the judge’s public comments were inflammatory and prejudiced and directly targeted minority communities.

He also said that Justice Yadav had asserted in his lecture that “the country would function according to the wishes of the Indian majority”.

“Judge Yadav’s actions contravene the directive principles enshrined in Article 51A(e) of the Indian Constitution, which require promoting harmony and renouncing practices derogatory to the dignity of individuals,” the MPs said in their notice of indictment.

“These statements, which were widely documented and reported, encouraged animosity and division between different religious and community groups, thereby contravening the secular ethos of the Indian Constitution,” they added.

“We request the Honorable President to admit this motion and forward it to the Honorable President of India in accordance with the Judges (Inquiry) Act, 1968, and to constitute a Commission of Inquiry to investigate investigate accusations of hate speech and communal discord, and violations of judicial ethics,” according to the notice.

Opposition MPs also demanded that the Speaker initiate appropriate procedures to remove Justice Yadav from office if the allegations were proven.

Supreme Court asks for details of its remarks

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

The next day, videos of the judge speaking on provocative issues, notably on the law operating according to the majority, were widely distributed on social networks, provoking strong reactions from several quarters, including leaders of the ‘opposition.

The Supreme Court on Tuesday took note of reports on Justice Yadav’s allegedly controversial in-office statements and sought details from the Allahabad High Court on the issue.

(This story has not been edited by News18 staff and is published from a syndicated news agency feed – PTI)