- The Rajya Sabha has yet to act on a six-month-old motion to impeach Allahabad High Court judge Justice Yadav
- 55 MPs signed and submitted the notice against Justice Yadav on December 13, 2024
- Amid allegations of 'government protection', sources said the verification of 21 signatures is pending
The Congress on Friday 'reminded' Rajya Sabha Chair Jagdeep Dhankhar to act on a six-month-old notice to impeach an Allahabad High Court judge accused of making communal remarks.
The opposition party's nudge follows strong remarks by Rajya Sabha MP Kapil Sibal about Mr Dhankhar's lack of action in this matter. He also accused the government of trying to 'shield' the judge.
Justice Shekhar Kumar Yadav is staring down the barrel of an impeachment process after 55 MPs - five over the threshold to begin his removal - sent that notice to the House Chairperson.
At least 50 Rajya Sabha MPs must sign a motion - a record of the intention to impeach - for the matter to proceed further. In the Lok Sabha that number is 100.
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Once that threshold is reached, the Chair of the former or the Speaker of the latter, depending on which House first admits the motion, will decide whether or not to carry the issue forward.
In this case the motion to impeach was submitted on December 13, 2024.
The file has been pending since, prompting Mr Sibal's sharp words and Congress' 'reminder'.
Mr Sibal, a senior advocate in the Supreme Court, pointed out swifter action had been taken in the case of Justice Yashwant Varma, the former Delhi High Court judge caught in the cash-at-home row.
Sources told NDTV the delay might be because 19-21 signatures on the motion had yet to be verified. Also, the possibility that one MP signed twice had to be ruled out, sources explained.
A detailed verification of these signatures is ongoing, sources said.
Mr Sibal, though, demanded to know why this process needs to take six months. "I want to ask those sitting in Constitutional posts... their responsibility is to verify if signatures are there... should that take six months? Is this government is trying to protect Shekhar Yadav," he was quoted by news agency PTI.
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In January the Rajya Sabha's pending action on this matter had been challenged in the Allahabad High Court. A PIL demanded the court issue direction to the Rajya Sabha to not act on the proposed impeachment. However, the PIL was rejected because it did not constitue a public interest issue.
What Justice Shekhar Yadav Said
The judge was speaking at an event organised by the legal cell of right-wing Vishwa Hindu Parishad in Prayagraj on December 8, when he said, "I have no hesitation in saying that this is Hindustan... this country would function as per the wishes of the (majority)... This is the law."
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His remarks (there were more, including comments on Islamic practices such as Halal and polygamy) were condemned by AIMIM MP Asaduddin Owaisi and others who asked how members of any minority community might expect justice from such a judge.
"In a democracy the minority's rights are protected... this speech raises questions... How can a minority expect justice before someone who participates in VHP programs?" he asked.
Supreme Court Acts But...
The Supreme Court took notice and directed the Allahabad High Court to provide details and, on December 17, the Collegium, headed by then Chief Justice Sanjiv Kumar heard from Justice Yadav, who argued the media had selectively quoted him to create 'unnecessary controversy'.
However, the Collegium refused his explanation and reprimanded the judge, reminding him the conduct of a judge is always under scrutiny and that he is expected to maintain a standard.
The Collegium, though, was blocked from taking further action because the MPs' impeachment motion had already been initiated; the letter to the Rajya Sabha was sent December 13.
According to Mr Sibal this was because the Rajya Sabha Secretariat wrote to then Chief Justice directing him to not take action against Justice Yadav becase of the pending impeachment notice.
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