Members of several Opposition parties moved a notice in the Rajya Sabha for the impeachment of Allahabad High Court Judge Shekhar Kumar Yadav over his alleged controversial remarks. File

Opposition submits notice seeking Allahabad HC Judge’s impeachment

The 21-page petition, listing out three charges against Justice Shekhar Kumar Yadav, was signed by 55 opposition MPs from the Rajya Sabha.

by · The Hindu

A six-member delegation of Opposition MPs in Rajya Sabha handed over a motion seeking impeachment of Allahabad High Court Judge Justice Shekhar Kumar Yadav, to secretary general of the upper house on Friday (December 13, 2024) morning, accusing him of engaging in “hate speech” and “incitement to communal disharmony” in violation of the Constitution.

The delegation led by independent MP Kapil Sibal included Congress’s Vivek Tankha & Digvijay Singh, CPI(M)’s John Brittas, RJD’s Manoj K. Jha and TMC’s Saket Gokhale. It has been signed by 55 Opposition MPs across the parties.

The Opposition’s move was prompted by Justice Yadav’s remarks about Muslims at an event organised by the Vishwa Hindu Parishad last week. In their 21-page petition, have made three allegations — that Justice Yadav “engaged in hate speech and incitement to communal disharmony in violation of the Constitution, targeted minorities and displayed bias and prejudice against them; and entered into “public debate or expressed his views in public on political matters relating to Uniform Civil Code in violation of the Restatement of Values of Judicial Life – 1997”.

The petition states that under Article 124(4) and 124(5) when read with Article 217(1) (B) and Article 218 of the Constitution of India, a judge may be removed from office on grounds of encompasses actions that “undermine judicial ethics, impartiality and public trust in the judiciary”

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Justice Yadav’s conduct, the Opposition stated, was in contravention of the directive principles enshrined in Article 51 A(e) of the Constitution of India, which mandate promoting harmony and renouncing practices derogatory to the dignity of individuals. The use of prejudicial language against Muslims, the petition says jeopardises the judiciary’s role as a “neutral arbiter” and “ protector of rights for all citizens”.

They have urged Rajya Sabha Chairman Jagdeep Dhankhar to admit the motion to initiate proceedings to remove Justice Yadav and also sought an inquiry committee to investigate his conduct in view of alleged violation of “judicial ethics”.

Published - December 13, 2024 12:27 pm IST