'Matter of protecting the Constitution': OPPN MPs file motion to impeach Allahabad judge over seditious statements | Mint

Rajya Sabha MP and senior Congress leader Kapil Sibal said on Friday that the Opposition MPs had issued a notice to the Rajya Sabha Secretary General to impeach Allahabad High Court judge Justice Shekhar Kumar Yadav for an “inflammatory speech on December 9 at the Supreme Court”. Courthouses”.

As reported by ANIquoting Sibal, “We have issued a notice to the Rajya Sabha Secretary General to impeach Allahabad High Court judge Justice Shekhar Kumar Yadav. He had made an inflammatory speech on December 9 on the premises of the Supreme Court… We are of the opinion that the judge has no right to hold that post and that he should be removed… We have filed a motion to to dismiss the judge.'

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

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

Also read: Anti-Muslim comments: INDIA Bloc MPs push for impeachment as calls to remove Allahabad HC judge Shekhar Yadav mount

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

A group of MPs led by Kapil Sibal tabled the motion. 55 Rajya Sabha MPs signed the motion. An impeachment is sought over Justice Yadav's speech at a VHP event. According to the motion, the speech creates communal enmity and violates the secular ethos of the Constitution.

These are the MPs who signed the letter:

What does the notification say?

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

“On December 9, Justice Yadav made public comments at an event organized by Vishwa Hindu Parishad (VHP) that were incendiary, biased and directly targeting minority communities. Justice Yadav in his lecture has asserted that the country would function according to the wishes of the majority (“bahusankhyak”) in India,” the statement said.

The Opposition has stated that Justice Yadav's actions are against the guidelines laid down in Article 51A (e) of the Constitution of India.

Also read: Who is Judge Shekhar Yadav? The HC rules on the controversial comments about 'majority rules' and 'cow exhales oxygen'

“Judge Yadav's actions are contrary to the directive principles enshrined in Article 51A(e) of the Constitution of India, which mandates the promotion of harmony and renunciation of practices that are detrimental to the dignity of individuals,” the notice said .

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

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

What led to the argument?

Addressing a VHP meeting on December 8, Justice Yadav said the main objective of the Uniform Civil Code (UCC) was to promote social harmony, gender equality and secularism.

He was addressing a provincial convention of the Legal Cell and Supreme Court Unit of the VHP at the Allahabad High Court.

A day later, videos of the judge speaking about provocative issues, including the law that the majority believes works, were widely circulated on social media. It sparked strong reactions from several quarters, including opposition leaders who questioned his reported statements and labeled them as 'hate speech'.

Also read: SC takes note of 'controversial' remarks by Allahabad HC judge at VHP event, seeks details

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

(With input from agencies)