LawChakra

Allahabad High Court: ‘It’s a Constitutional Violation of CM’s Oath’; PIL Challenges Yogi Adityanath’s Support for Justice SK Yadav’s Ant-Muslim Statements

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According to the petitioners, Yogi Adityanath’s public endorsement of Justice Yadav’s controversial remarks constitutes a violation of the constitutional oath taken by a Chief Minister. The PIL contends that such actions disregard the constitutional values of faith and allegiance, necessitating Yogi Adityanath’s removal from office.

Allahabad: A Public Interest Litigation (PIL) was filed before the Allahabad High Court, seeking the removal of Uttar Pradesh Chief Minister Yogi Adityanath.

The petition, filed by the People’s Union for Civil Liberties, alleges that Yogi Adityanath’s statement in support of Justice Shekhar Kumar Yadav undermines the principles of the secular Indian Republic.

The PIL claims that Justice Shekhar Kumar Yadav, a judge of the Allahabad High Court, made remarks targeting the Muslim community during an event organized by the legal cell of the Vishwa Hindu Parishad (VHP) on December 8, 2024. The Supreme Court, taking note of media reports on the matter, sought an official response from the High Court.

According to the petitioners, Yogi Adityanath’s public support of Justice Yadav’s controversial remarks constitutes a violation of the constitutional oath taken by a Chief Minister. The PIL contends that such actions disregard the constitutional values of faith and allegiance, necessitating Yogi Adityanath’s removal from office.

Justice Shekhar Kumar Yadav reportedly appeared before the Supreme Court collegium, led by Chief Justice Sanjeev Khanna, to address the allegations regarding his statements. Sources indicate that the collegium sought an explanation from him, following the Supreme Court’s directive to the Allahabad High Court for a detailed report on the incident.

On December 16, Uttar Pradesh Chief Minister Yogi Adityanath reiterated his support for Justice Shekhar Yadav’s remarks. Speaking in the UP Assembly, CM Adityanath stated that when a judge speaks the truth, certain individuals resort to threats.

Defending Justice Yadav’s position, CM Adityanath also criticized the opposition for initiating an impeachment attempt against the judge.

A PIL was filed before the Allahabad High Court two days after Justice Yadav appeared before the Supreme Court Collegium, led by Chief Justice of India Sanjiv Khanna. Justice Yadav was summoned to explain his remarks made on December 8 during a Vishwa Hindu Parishad (VHP) event.

On December 10, the Supreme Court took note of his speech and sought relevant details from the High Court. Subsequently, Justice Yadav was asked to present his case before the SC Collegium.

Justice Yadav’s speech has faced widespread criticism for being communal and derogatory towards the Muslim community. He reportedly stated that the country should function according to the majority’s wishes and used a derogatory slur against the Muslim community.

Meanwhile, a PIL has been filed in the Allahabad High Court challenging an impeachment motion submitted to the Rajya Sabha Secretary-General by 55 MPs. The motion seeks Justice Yadav’s impeachment over his controversial remarks made at a VHP event in Prayagraj on December 8.

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