Rajya Sabha Chairman Jagdeep Dhankhar
Credit: PTI Photo
New Delhi: Moving forward on the impeachment notice against Allahabad High Court judge, Justice Shekhar Kumar Yadav, Rajya Sabha Chairman Jagdeep Dhankhar on Thursday directed the Upper House's Secretary General to share the information about the petition by 55 MPs with his counterpart in the Supreme Court.
Dhankhar told the House that he was "seized of an undated notice" submitted by 55 Rajya Sabha MPs on December 13 last year seeking the removal of Justice Yadav of Allahabad High Court under Article 124(4) of the Constitution.
"The jurisdiction for the stated subject matter constitutionally lies in exclusivity with the Chairman Rajya Sabha and in an eventuality with the Parliament and Hon'ble President. Taking note of public domain information and inputs available, it is expedient that the Secretary General, Rajya Sabha shares this information with the Secretary General, Supreme Court of India," he said.
The MPs, including independent MP Kapil Sibal, Congress MPs Digvijaya Singh and Jairam Ramesh, RJD's Manoj K Jha , CPI(M)'s John Brittas, CPI's P Sandhosh Kumar and Trinamool Congress' Saket Gokhale, had initiated the impeachment process against Justice Yadav, accusing him of indulging in hate speech, making political speeches and claiming that the country will function according to majority’s wishes.
The nearly ten-page motion under The Judges’ (Inquiry) Act 1968 and Article 124(4) of the Constitution has quoted extensively from Justice Yadav’s 34-minute controversial speech at a VHP function on December 9 last year in which he had spoken about the construction of Ram Mandir and Uniform Civil Code among others.
Justice Yadav is accused of hate speech and incitement to communal disharmony, targeting minorities by making disparaging comments against them and entering into public debate and endorsed views on political matters in violation of the Restatement of Values of Judicial Life-1997.
He had said, “Did you imagine seeing the Ram Mandir with your own eyes? But you did see it. Many of our ancestors made sacrifices for it, in the hope of seeing Ram Lalla freed and witnessing the construction of a grand temple. They couldn't see it but did their part and now we are witnessing it.”
“The country would soon get a UCC. That day is not very far. India should function according to the wishes of the majority. This is the law. You can't say that I am saying this being a high court judge. The law works according to the majority. Be it in the context of the family or society. Only what benefits the welfare and happiness of the majority will be accepted,” he said.
The Supreme Court had earlier sought a report from the Allahabad High Court Chief Justice on the remarks made by Justice Yadav and had later asked him to appear before senior judges of the court.