A PIL has been filed challenging the impeachment motion against Justice Shekhar Kumar Yadav in the Allahabad High Court, led by 55 MPs including Kapil Sibal. The PIL claims his speech at a Hindu event is protected by free speech rights and is not hate speech. It argues the impeachment lacks evidence of misconduct and is a misuse of power.
Allahabad: A Public Interest Litigation (PIL) has been filed in the Allahabad High Court challenging the impeachment motion submitted to the Rajya Sabha by 55 MPs, led by Kapil Sibal, seeking the removal of Justice Shekhar Kumar Yadav. The motion pertains to a speech delivered by Justice Yadav at a Vishwa Hindu Parishad (Legal Cell) event in Prayagraj on December 8.
Filed by Advocate Ashok Pandey, the PIL requests the Court to direct the Chairman of the Rajya Sabha not to act on the motion. It argues that Justice Yadav’s speech was delivered in his capacity as a Hindu and dealt with issues of concern to the Hindu community. According to the plea,
“whatever Justice Yadav has said, he said it in the capacity of a Hindu on the topics that are connected to the hearts of Hindus as they are affecting their day-to-day life.”
The plea asserts that the speech, attended exclusively by Hindus, does not constitute hate speech as per legal definitions. It also defends Justice Yadav’s use of the term ‘Kath*muah,’
arguing that it reflects a personal opinion and not hate speech. It claims that he was expressing his views, possibly influenced by experiences of his relatives or friends who may have suffered cruelty due to ‘Kath*muapan.’
Further, the PIL emphasizes that Article 19 of the Constitution guarantees the right to free speech and expression to all citizens, including judges.
“Some speech made by the judge outside the courtroom cannot be ground to remove a judge from his office,”
it contends.
The plea also criticizes the MPs’ motion as a misuse of position and calls for them to be warned against filing such motions in the future.
“Such a warning is required as the leader of this group means Sri Kapil Sibal is in habit of dictating terms to the judges and those who don’t follow it, motion to remove them is moved,”
the petition alleges.
It further argues that impeachment under the Constitution requires proof of misbehavior or incapacity, neither of which is evident in this case. It adds that if the speech constitutes hate speech, an FIR could be lodged against Justice Yadav, but this alone cannot justify his removal.
The controversy has already had repercussions. Four days after Justice Yadav’s speech, the Chief Justice of the Allahabad High Court altered his judicial roster, effective December 16. Additionally, the Supreme Court Collegium has summoned Justice Yadav to explain his remarks.
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE