The notice for the motion was moved under the Judges’ (Inquiry) Act, 1968, and Article 218 of the Constitution, seeking initiation of proceedings for the impeachment of justice Yadav
Team Clarion
NEW DELHI – Fifty five members of Opposition parties on Friday submitted a notice in the Rajya Sabha for the impeachment of Allahabad High Court judge Shekhar Kumar Yadav over his anti-Muslim remarks at a recent VHP (Vishwa Hindu Parishad) event.
Opposition MPs, including Kapil Sibal, Vivek Tankha, Digvijaya Singh, John Brittas, Manoj Kumar Jha and Saket Gokhale are among those who signed the notice following an outrage against Justice Yadav’s inflammatory remarks.
According to reports, these MPs met the Rajya Sabha secretary general and handed over the notice for impeachment a few minutes before the start of the day’s proceedings.
Some of the other prominent MPs who have signed the notice are P. Chidambaram, Randeep Surjewala, Pramod Tiwari, Jairam Ramesh, Mukul Wasnik, Naseer Hussain, Raghav Chadha, Fauzia Khan, Sanjay Singh, A.A. Rahim, V. Sivadasan and Renuka Chowdhury.
The notice for the motion was moved under the Judges’ (Inquiry) Act, 1968, and Article 218 of the Constitution, seeking initiation of proceedings for the impeachment of justice Yadav.
The notice mentioned that the speech/lecture delivered by justice Yadav during an event organised by the VHP prima facie showed that he “engaged in hate speech and incitement to communal disharmony in violation of the Constitution of India”.
The notice also mentioned that the judge prima facie showed that he targeted minorities and displayed bias and prejudice against them.
It went on to state that Justice Yadav entered into public debate or expressed his views in public on political matters relating to a uniform civil code, in violation of the Restatement of Values of Judicial Life, 1997.
The notice mentioned that the public remarks of the judge were inflammatory and prejudiced and directly targeted minority communities.
It also stated that Justice Yadav in his lecture asserted that “the country would function according to the wishes of the majority in India”.
“Justice Yadav’s actions contravene the directive principles enshrined under Article 51A(e) of the Constitution of India, which mandate promoting harmony and renouncing practices derogatory to the dignity of individuals,” the MPs said in their notice for impeachment.
“The statements, which have been widely documented and reported, encouraged animosity and division among different religious and communal groups, contravening the secular ethos of the Constitution of India,” they added.
“We request the Hon’ble Chairman to admit this motion and forward it to the Hon’ble President of India in accordance with the Judges (Inquiry) Act, 1968, and constitute an inquiry committee to investigate the charges of hate speech, communal disharmony, and violations of judicial ethics,” according to the notice.
The opposition MPs also demanded that the chairman initiate appropriate proceedings to remove Justice Yadav from office if the allegations were proven.
At a VHP function on 8 December, Justice Yadav had used derogatory word ‘Kathmullah’ for Muslims and asserted that the country will be run as per the majority.Â
A day later, videos of the judge speaking on provocative issues, including the law working according to the majority, went viral on social media, prompting strong reactions from several quarters, including opposition leaders.
The Supreme Court on Tuesday took note of news reports over the purported controversial statements of Justice Yadav function and sought details from Allahabad High Court on the issue.
