Allahabad High Court Rejects Petition Against Impeachment Motion for Justice Shekhar Kumar Yadav

Prayagraj, Jan 7 (NationPress) The Allahabad High Court on Tuesday dismissed a public interest litigation (PIL) that challenged the impeachment motion lodged against its judge, Justice Shekhar Kumar Yadav, in the Rajya Sabha due to his alleged controversial comments during a Vishwa Hindu Parishad event on December 8.

Justice Yadav had purportedly stated that the "country would operate according to the desires of the 'bahusankhyak' (majority) residing in Hindustan" and made "unpardonable and unconscionable slurs" against a specific community.

Subsequently, several opposition party members submitted a notice in the Rajya Sabha seeking the impeachment of Justice Yadav, who is a sitting judge at the Allahabad High Court.

In questioning the legitimacy of the PIL, a bench comprising Justices Attau Rahman Masoodi and Subhash Vidyarthi determined that the petition was inadmissible as it did not pertain to a cause affecting a vulnerable segment of society.

The petition contested the impeachment motion initiated by Rajya Sabha MP Kapil Sibal along with 54 other members, requesting the Chairman of the Rajya Sabha to authorize the motion and forward it to the President in accordance with the Judges (Enquiry) Act, 1968. It also called for the formation of an inquiry committee to examine allegations of hate speech, communal discord, and violations of judicial ethics, and to initiate suitable actions against Justice Yadav.

“The remarks made by Justice Shekhar Kumar Yadav during the VHP (legal cell) meeting were as a Hindu participant in a gathering of an organization to which he belongs. His statements were made as a follower of Santan Hindu Dharma, not as a judge in a courtroom,” the PIL argued.

The petition urged the Allahabad High Court to determine whether judges forfeit their right to freedom of speech and expression upon assuming their positions.

“The right to speech and expression, guaranteed by Article 19 of the Constitution, applies to judges as well, and thus comments made by a judge outside the courtroom cannot serve as grounds for their removal,” the petition asserted.

Just two days after Justice Yadav's contentious speech, the Supreme Court indicated that it had noted his comments and requested further information from the Allahabad High Court.

“I unequivocally state that this is Hindustan, and this nation will function according to the desires of the majority living here. This is the law. It is not about speaking as a High Court judge; rather, the law operates according to the bahusankhyak (majority). Consider this akin to a family or community - only what guarantees the welfare and happiness of the majority will be acknowledged,” Justice Yadav reportedly expressed while addressing the provincial meeting of the Vishwa Hindu Parishad's law cell (Kashi Province).

“Lekin yeh jo kathmullah hai jo... yeh sahi shabd nahi hai... lekin kehne mein parhez nahi hai kyunki woh desh ke liye bura hai... desh ke liye ghatak hai, khilaaf hai, janata ko bhadhkane wale log hai... desh aage na badhe is prakar ke log hai...unse saavdhaan rehne ki zaroorat hai (But these kathmullah... this may not be the right term... but I won't hesitate to say it because they are harmful to the country... they are detrimental, against the nation, and incite the public. They are the kind of individuals who do not wish to see the country progress, and we must be wary of them),” he added.