I.N.D.I.A. bloc MPs seek to impeach Allahabad HC judge over controversial remarks on UCC, Ayodhya Ram mandir

New Delhi: Opposition I.N.D.I.A. bloc MPs in Rajya Sabha have initiated a process to impeach Allahabad High Court judge Justice Shekhar Kumar Yadav, accusing him of indulging in hate speech, making political speeches and claiming that the country will function according to majority’s wishes.

Sources said on Wednesday that MPs have prepared an impeachment motion to be moved in Rajya Sabha and are collecting signatures so that it could submit it at the earliest.

For an impeachment motion to be considered for admission in Rajya Sabha, signatures of at least 50 MPs are required.

Already over 40 MPs have signed the notice and are planning to submit it on Thursday.

Senior MPs like Kapil Sibal, Digvijaya Singh, Jairam Ramesh, Vivek Tankha and Renuka Chowdhury (all Congress), Manoj K Jha (RJD), John Brittas, V Sivadasan, AA Rahim (CPI-M), P Sandhosh Kumar, PP Suneer (CPI), Saket Gokhale, Sagarika Ghose (Trinamool Congress) and Jose K Mani (Kerala Congress-M) among others have signed the notice. The MPs’ move came after the Supreme Court on Tuesday sought details from the Allahabad High Court on Justice Yadav’s controversial remarks.

Sources said 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. They said they have identified three charges against him in the impeachment motion.

Justice Yadav, sources said, is firstly accused of hate speech and incitement to communal disharmony, while referring to his remarks that the country would function according to the wishes of the majority.

In the second charge, he was also accused of targeting minorities by making disparaging comments against them, while claiming that his statements jeopardise the judiciary's role as a neutral arbiter.

The third charge against him is that he has entered into public debate and endorsed views on political matters in violation of the Restatement of Values of Judicial Life-1997.

The MPs are seeking to initiate proceedings to remove Justice Yadav from his position.

Sources said the MPs are of the view that there is no ground for sitting judges to affiliate with “extremist groups or parties” and no litigant can hope for justice in a court in which a member holds such a biased, prejudiced, publicly expressed opinion against minority community and in favour of a “majoritarian approach”.

In his controversial speech at the VHP function, Justice Yadav had spoken about the construction of Ram Mandir and Uniform Civil Code among others.

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.