New Delhi, Dec 11 (PTI) Opposition parties have started the process for submitting a notice to bring an impeachment motion against Allahabad High Court judge Shekhar Yadav, who has made controversial remarks at a recent VHP function.
Sources said 38 signatures have so far been collected and the formalities of signatures for the notice could not be completed on Wednesday as the Upper House of Parliament was adjourned early and many MPs had left. They said the required signatures of at least 50 MPs will be collected by Thursday and they will go ahead with the notice in the next few days.
Congress MP Vivek Tankha said the notice for bringing impeachment proceedings against Justice Yadav will be given in the ongoing winter session of Parliament itself.
“This is a serious matter. We will give a notice for impeachment in this session of Parliament itself,” he said.
The notice related to the motion should be presented by 100 Lok Sabha members or 50 Rajya Sabha members.
The judge made the remarks on Sunday while addressing a provincial convention of the Legal Cell and High Court unit of the Vishva Hindu Parishad (VHP) in the Allahabad High Court.
He said the main aim of a uniform civil code (UCC) is to promote social harmony, gender equality and secularism.
A day later, video clips of the judge speaking on provocative issues, including the law working according to the majority, were circulated widely, triggering a strong reaction from various opposition parties that questioned his reported statements and labelled them as hate speech.
Rajya Sabha member and senior advocate Kapil Sibal had said on Tuesday that a notice of impeachment motion will be given.
“Any judge who makes such a statement is violating his oath of office. If he is violating the oath of office, he has no right to sit on that chair,” Sibal had said at a press conference.
“If a high court judge can make a speech like this, then the question arises that how do such people get appointed in the first place. The question also arises that how do they get the courage to make such remarks. The question also arises that why these things are happening in the last 10 years,” the senior advocate had said.
Sibal had said the Supreme Court has the power to stop such people from sitting on that chair and till then, it should be ensured that no case comes before him.
The Rajya Sabha MP’s remarks made before the Supreme Court on Tuesday called for details from the Allahabad High Court after taking note of news reports of the speech of Justice Yadav delivered at the VHP function.
“I have spoken to some fellow leaders — Digvijaya Singh, Vivek Tankha (both from the Congress), Manoj Jha (RJD), Javed Ali (SP) and John Brittas (CPI-M). We will soon meet and bring an impeachment motion against the judge. There is no other way. This is hate speech in every sense of the word,” Sibal had said.
Meanwhile, prominent Muslim body Jamiat Ulema-e-Hind condemned the remarks made by Justic Yadav and called on Parliament and the chief justice of India to “take necessary action for safeguarding the judiciary’s integrity”.
Jamiat president Maulana Mahmood Madani strongly disapproved the remarks made by the judge, claiming that his comments tarnished the credibility and impartiality of the judiciary.
Emphasising that the judiciary’s role is to uphold justice and unify all sections of the society, and not promoting divisive rhetoric, Madani criticised Justice Yadav for failing to act as a protector of the Constitution.
“Justice Yadav’s statements are contrary to constitutional values and the principles of judicial impartiality,” Madani said in a statement.
Calling the remarks “inflammatory” and “divisive”, Madani expressed fear that such rhetoric could undermine communal harmony and diminish public trust in the judiciary’s impartiality.
Calling for an immediate investigation into Justice Yadav’s conduct, Madani urged Parliament and the CJI to address the issue seriously and take necessary action to safeguard the judiciary’s integrity.
“The sanctity of the judiciary must be protected, and any actions that erode its credibility must be dealt with firmly,” he said.
The Catholic Bishops’ Conference of India (CBCI) has also urged all members of Parliament to support action against Justice Yadav.
In a statement issued on Wednesday, the CBCI, the apex body of Catholics in India, slammed the judge for his remarks that the country would function in accordance with the wishes of the majority.
“Article 14 of the Constitution says the State shall not deny any person equality before law or equal protection of law within the territory of India. Yet, a few days ago, it was reported that a judge of the Allahabad High Court said during a programme inside the court premises that this country would function as per the wishes of the majority, which is the ‘law’,” the CBCI said.
“The comments were made during a function organised by an outfit that was reportedly responsible for communal violence in the past, according to some of the judicial commission reports,” it added in a veiled reference to the VHP.
The CBCI said the higher judiciary is entrusted with the duty to guard the Constitution and judges are sworn in to uphold the Constitution and the laws sanctioned by it.
“The ‘truth’ to be upheld by the judges is not ‘the wishes of the majority’, but the ‘Dharma’ as has been sanctioned by the Constitution and engraved in the motto of the Indian judiciary — ‘Yato Dharmastato Jayah’…. One who does not have faith in our Constitution and its morality should have nothing to do with the judiciary, much less be a judge,” the statement said.
The prominent Catholic body also called it unfortunate that despite such grave and repeated violations, no action is being taken against the perpetrators.
“The authority to initiate action in such cases lies with Parliament under Articles 124 and 217 of the Constitution. If the government of the day fails, it is the primary duty of the opposition to step in,” the CBCI said.
“Sadly, we find that all political parties have failed in this grave situation. However, the glimmer of hope is that as per reports, some brave members of Parliament and smaller parties have already raised demands for the initiation of removal proceedings,” it said.
Stating that the CBCI has heard calls to leave this issue to the internal disciplinary committee of the Supreme Court, the Catholic body said, “Let us not repeat the mistakes. In the past, steps taken by Supreme Court committees in cases of misconduct by judges were not only unsatisfactory, but also saw the persons against whom such committees were set up getting elevated to constitutional positions, including membership of Parliament.” “The CBCI, under these circumstances, hereby calls upon all the individual members of Parliament, disregarding political affiliations, to rise to the occasion and take steps to actively support Constitutional action against the concerned judge so that such incidents are not repeated,” the statement said.
Amid a rising clamour for action from CJI Sanjiv Khanna against the high court judge for his remarks, the apex court issued a statement on Tuesday, saying it has taken note of newspaper reports of the Justice Yadav’s speech and is considering the matter. PTI ASK AO RC
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