• Source:JND
Add as a preferred

The opposition INDIA bloc in Rajya Sabha is expected to file a notice to start a motion to impeach Allahabad High Court Justice Shekhar Kumar Yadav after his remarks at a Vishwa Hindu Parishad (VHP) event last week sparked a major controversy. In a viral video, Justice Shekhar Kumar Yadav was heard saying, "India would operate only according to the wishes of the majority." The notice seeks the impeachment of Justice Yadav under Section 3(1)(B) of The Judges (Inquiry) Act read with Articles 124(4) and 124 (5) of the Constitution.

According to a report by the Indian Express, nearly 36 MPs from opposition parties have already signed the notice, which was initiated by independent Rajya Sabha MP and senior Supreme Court lawyer Kapil Sibal. The opposition would likely file the motion on Thursday after collecting more signatures from the MPs. Congress' Digvijaya Singh, Jairam Ramesh, and Vivek Tankha, AAP's Sanjay Singh, TMC's Saket Gokhale and Sagarika Ghose, RJD's Manoj Jha, Samajwadi's Javed Ali Khan were among the MPs who have signed the petition, the Express report stated.

Under The Judges (Inquiry) Act, 1968, a complaint against a judge requires a resolution signed by at least 100 members if initiated in the Lok Sabha or 50 members if initiated in the Rajya Sabha. Currently, the INDIA Bloc has 85 MPs in the upper house of the Parliament. The opposition leaders reportedly plan to attach video clips, transcripts of Justice Yadav’s controversial speech and links to related news articles as evidence.

Also Read: Maharashtra: Massive Protests In Parbhani After Man Insults Constitution At Ambedkar Statue

Once moved, the Rajya Sabha Chair would then accept or reject the motion. If the motion is accepted, a three-member panel of judges and jurist would investigate the complaint to determine whether an impeachment process should be initiated or not. However, the motion is unlikely to clear even Raajya Sabha, given the majority of NDA in both houses.

During his speech on December 8 during a provincial convention of the VHP's legal cell and High Court unit, Justice Yadav purportedly said, "I have no hesitation in stating that this is Hindustan, and this country will function according to the wishes of the majority living here. This is the law. It is not about speaking as a High Court Judge; rather, the law operates in accordance with the bahusankyak (majority). Consider this in the context of a family or society - only what ensures the welfare and happiness of the majority will be accepted."

His address also included support for the proposed Uniform Civil Code (UCC), which Justice Shekhar Kumar Yadav claimed would "promote social harmony, gender equality, and secularism by eliminating unequal legal systems based on different religions and communities."

Also Read: When The Phone Rings: 5 Interesting Facts About Actor Yoo Yeon-Seok For Every Fan

This is not the first time Justice Yadav has faced criticism for his statements. In the past, he has been noted for delivering judgements influenced by religious and ideological considerations, addressing topics such as Lord Ram, cow protection, and religious conversion.

Meanwhile, the Supreme Court on Tuesday said it has taken note of the controversial speech given by Justice Shekhar Kumar Yadav and asked for details from the Allahabad High Court. "The Supreme Court has taken note of the newspaper reports of a speech given by Mr Justice Shekhar Kumar Yadav, a sitting judge of the High Court of Judicature at Allahabad. The details and particulars have been called from the High Court and the matter is under consideration," read a statement issued by the apex court.