NEW DELHI: The opposition is set to file a motion in the
Rajya Sabha
for removal of Allahabad HC judge Shekhar Kumar Yadav, whose controversial comments on a uniform civil code and Muslims at a VHP event triggered a major row, with even Supreme Court seeking a report from HC.
While the motion is likely to be submitted to RS secretary general on Thursday, there is a concern in the opposition camp that the Upper House office may not admit the motion. As a follow-up, the INDIA bloc is likely to file a writ petition in SC against the rejection. The opposition argues that acceptance or rejection of the motion by the Rajya Sabha constitutes administrative action, which is justiciable.
Judge removal idea floated by Digvijay Singh, backed by Sibal, Tankha
The opposition is accusing Justice Yadav of “
hate speech
and incitement to
communal harmony
“, which are violative of the Constitution. Crucially, the petition is likely to charge Yadav with entering into a public debate and expressing his views in public on political matters relating to UCC, which is a violation of the ‘Restatement of Values of Judicial Life, 1997’ laid down by SC.
Sources said the idea for removal of the judge was initiated by senior Congress functionary Digvijaya Singh, and pushed by lawyers Kapil Sibal and Vivek Tankha. All opposition parties are endorsing the petition, with 38 signatures collected on Wednesday and the remaining 12 to be done by Thursday, they said. “Senior leaders will put their signatures to the petition,” a source said.
The political class is worried about the growing trend of judges making political comments and associating themselves with BJP family’s events, with members arguing that the drift needs to be arrested, else “all hell will break loose”. That Justice Yadav’s remarks constitute a “blatant communal prejudice” has only made the issue more urgent for the opposition. In seeking Yadav’s sacking, the opposition is likely to argue that no litigant can expect justice in a court where a judge holds a biased, prejudiced and publicly expressed opinion against the minority community.
As per procedure, the petition will urge the Rajya Sabha Chairman to accept the motion and forward it to the President, constitute an inquiry committee to investigate the charges of hate speech, communal disharmony and violation of judicial ethics, and later initiate proceedings to remove Justice Yadav from office, if the charges are proved.
