NEW DELHI: A delegation of opposition Rajya Sabha MPs on Friday submitted a notice to the Upper House’s secretary general, seeking the removal of Allahabad high court judge Shekhar Kumar Yadav for his alleged controversial remarks against Uniform Civil Code and Muslims at a recent Vishva Hindu Parishad (VHP) event.
The notice for removing Yadav was signed by 55 opposition MPs, including Kapil Sibal, Vivek Tankha, Digvijaya Singh, P Wilson, John Brittas, Manoj Kumar Jha, Saket Gokhale, Raghav Chadha and Fauzia Khan. They submitted the notice under Judges’ (Inquiry) Act, 1968, and Article 218 of the Constitution, seeking initiation of proceedings for Yadav’s removal.
The notice mentioned that Yadav’s speech or lecture, during the event organised by VHP, prima facie showed that he “engaged in hate speech and incitement to communal disharmony in violation of the Constitution”. It also said the judge’s speech prima facie showed that he targeted minorities and displayed bias and prejudice against them.
As per the notice, Yadav entered into public debate or expressed his views in public on political matters relating to UCC, in violation of Restatement of Values of Judicial Life, 1997. The MPs have submitted a video clip of his speech.
Mentioning that the three pillars of democracy don’t collide with each other and there is no grounds for sitting judges of high courts to “affiliate with extremist group or parties”, the notice said, “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 a majoritarian approach.”
The notice also said Yadav’s actions “contravene the directive principles enshrined under Article 51A(e) of the Constitution, which mandates promoting harmony and renouncing practices derogatory to the dignity of individuals”.
“We request the chairman (of RS) to admit this motion and forward it to the President in accordance with Judges’ (Inquiry) Act, 1968, and constitute an inquiry committee to investigate the charges of hate speech, communal disharmony, and violations of judicial ethics,” the notice said. The MPs also demanded that the chairman initiate appropriate proceedings to remove Yadav from office if the allegations were proven.
