Prayagraj, Jan 7 The Allahabad High Court on Tuesday dismissed a public interest litigation (PIL) challenging the impeachment motion moved against its judge, Justice Shekhar Kumar Yadav, in the Rajya Sabha over his alleged controversial remarks at a Vishwa Hindu Parishad event on December 8.
Justice Yadav had reportedly said that the "country would function as per the wishes of the 'bahusankhyak' (majority) living in Hindustan" and used "unpardonable and unconscionable slurs” against a particular community.
Thereafter, members of several opposition parties moved a notice in the Rajya Sabha for the impeachment of Justice Yadav, a sitting judge of the Allahabad HC.
Questioning the locus of the PIL litigant, a bench of Justices Attau Rahman Masoodi and Subhash Vidyarthi held that the plea was not maintainable as it did not raise a cause relating to a vulnerable section of the society.
The plea challenged the impeachment motion moved by Rajya Sabha MP Kapil Sibal and 54 other members praying the Chairman of the Rajya Sabha to admit the motion and forward it to the President in accordance with the Judges (Enquiry) Act, 1968. It also sought an inquiry committee to investigate the charges of hate speech, communal disharmony and violation of judicial ethics and further to initiate appropriate proceedings against Justice Yadav.
“Whatever Justice Shekhar Kumar Yadav has said in this meeting of VHP (legal cell) was in the capacity of a Hindu who has gone to participate in a meeting of an organisation to which he belongs. Whatever he said in this meeting was in the capacity of the follower of the Santan Hindu Dharma, not as a judge sitting on the chair in the courtroom," the PIL argued.
It called upon the Allahabad HC to decide as to whether a person has no right to speech and expression because he has become a judge of a High Court or the Supreme Court.
"The right to speech and expression which is a fundamental right guaranteed by Article 19 of the Constitution, is available to the judges also and so some speech made by the judge outside the courtroom can not be the ground to remove him from office," the petition said.
Two days after Justice Yadav delivered the controversial speech, the Supreme Court said that it had taken note of his remarks and called for details from the Allahabad High Court.
"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," Justice Yadav had reportedly said while addressing the provincial convention 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 word... but I won't hesitate to say it because they are harmful to the country...they are detrimental, against the nation, and people who incite the public. They are the kind of people who do not want the country to progress, and we need to be cautious of them," he had said.
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