Catholic body urges MPs to support action against Allahabad HC judge for 'hate speech'

At the function organised by VHP, Justice Yadav said main aim of Uniform Civil Code was to promote social harmony, gender equality, and secularism.

New Delhi: The Catholic Bishops' Conference of India (CBCI) on Wednesday urged all Members of Parliament to support action against an Allahabad High Court judge, who has been at the centre of controversy for delivering "hate speech" at a VHP function.

At the function organised by the Vishva Hindu Parishad (VHP) on December 8, Justice Shekhar Yadav said the main aim of the Uniform Civil Code (UCC) was to promote social harmony, gender equality, and secularism.

A day later, videos of the judge speaking on provocative issues, including the law working according to the majority, were circulated widely on social media, drawing strong reactions from several quarters, including opposition leaders who labelled Justice Yadav's reported remarks as "hate speech" and "breach of judicial ethics".

In a statement issued on Wednesday, CBCI, the apex body of Catholics in India, slammed Justice Yadav for his remarks that the country would function as per 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'," CBCI said in the statement.

"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.

Justice Yadav made the remarks at a provincial convention of VHP's legal cell and high court unit in the Allahabad High Court last Sunday.

CBCI said the higher judiciary in India 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 persons indulging in them.

"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," 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.

Earlier on Tuesday, Rajya Sabha MP Kapil Sibal said Justice Yadav has violated his oath of office by making a "hate speech", asserting that he along with other opposition MPs will submit a notice to bring a motion to impeach the judge.

Sources said the opposition MPs are likely to submit the notice in the next few days.

Amid a rising clamour for action from Chief Justice of India Sanjiv Khanna against the high court judge for his remarks, the apex court on Tuesday issued a statement saying it has taken note of newspaper reports of the judge's speech and is considering the matter.