Opposition MPs submit notice in RS for Allahabad HC judge impeachment

A group of 55 Rajya Sabha MPs, led by Kapil Sibal, on Friday submitted a notice to impeach Allahabad High Court judge Shekhar Kumar Yadav for “hate speech and incitement to communal disharmony in violation of the Constitution”.

In a 21-page notice submitted to the Rajya Sabha Secretariat, Samajwadi Party-backed Independent MP Sibal and other parliamentarians, including Congress’ Vivek Tankha, P Chidambaram and Digvijaya Singh; AAP’s Raghav Chadha and Sandeep Pathak; Trinamool’s Sagarika Ghose and Saket Gokhale; RJD’s Manoj Jha; NCP’s Fouzia Khan; DMK’s P Wilson; and CPM’s John Brittas, said Justice Yadav’s speech prima facie targeted minorities and displayed bias and prejudice against them.

It said Justice Yadav had crossed the line by expressing his views on political matters in a public space.

No litigant can hope for justice in a court in which a member holds such a biased, prejudiced, publicly expressed opinion against the minority community and in favour of majoritarian approach, the notice said.

In his speech, Yadav also made a reference to seeing the Ram Mandir with one’s own eyes and said India should function according to the wishes of the majority and that he had “no hesitation in saying this is Hindustan”, the notice stated.

The appeal cited a 1997 observation by the Supreme Court that said a judge shall not enter into public debate or express his views in public on political matters, or on matters that are pending, or are likely to arise for judicial determination.

The actions of Justice Yadav are sufficient to prove grounds of misbehaviour and constitute charges of impeachment, based on factors such as engaging in hate speech, targeting and making discriminatory remarks against minorities, and breaching a constitutional mandate, the notice said.

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

The SC on Tuesday took note of news reports over the purported controversial statements of Justice Yadav and sought details from the Allahabad High Court on the issue.