Remarks ‘Inflammatory, Prejudiced,’ ‘Targeted’ at Minority Community, Claims the Motion

December 14, 2024

A six-member opposition delegation in the Rajya Sabha has submitted an impeachment motion against Allahabad High Court Judge Justice Shekhar Kumar Yadav, accusing him of engaging in hate speech and inciting communal disharmony, which is in violation of the Indian Constitution. The motion states that the comments made by the judge were “inflammatory, prejudiced, and directly targeted at minority communities.”

The motion, handed to the secretary general of the upper house on Dec. 13 and signed by 55 Rajya Sabha, alleges judicial impropriety, as reported by The Tribune.

Led by independent MP Kapil Sibal and including members from the Congress party, the Communist Party of India (Marxist), or CPI(M), the Rashtriya Janata Dal (RJD) and the Trinamool Congress (TMC), the impeachment motion is in response to comments made by Justice Yadav at an event organised by the Hindu nationalist organisation Vishwa Hindu Parishad (VHP) in Prayagraj, Uttar Pradesh.

Justice Yadav has been accused of saying that the country will function according to the wishes of the majority community, in the context of concerning the Ram Janmabhoomi movement, and allegedly used the derogatory term “kathmulla” when referring to the Muslim community, according to The Hindu. It’s a pejorative used to refer to Muslims, implying negative stereotypes or hostility.

Further, the judge discussed the Uniform Civil Code, allegedly suggesting that it was forthcoming and made comparisons that implied negative stereotypes about how women are treated in the Muslim community, specifically mentioning polygamy and triple talaq.

The Campaign for Judicial Accountability and Reforms (CJAR) has alleged that the judge’s remarks violate the Reinstatement of Values of Judicial Life, a judicial code of conduct adopted unanimously by the Supreme Court and all High Courts in 1997.

The code, aimed at maintaining high standards of judicial conduct and integrity among judges, mandates judges to uphold the judiciary’s dignity and impartiality, ensuring their behaviour does not diminish public faith in their judgment.

The code reaffirms the values that are expected of judges, including independence, impartiality, integrity and propriety. It serves as a moral compass for judges to follow in their personal and professional lives. The principles it upholds include avoiding any relationship with members of the legal fraternity that could influence judicial conduct, not allowing family members to use judicial residence for professional work and maintaining decorum and dignity in all official and private activities to enhance the image of the judiciary.

The CJAR wrote to Chief Justice of India Sanjiv Khanna, urging for an “in-house enquiry” against Justice Yadav. “Both his participation in this right wing event as well his statements, are in gross violation of Articles 14, 21, 25 & 26 read with the Preamble of our Constitution. They are discriminatory and violate the basic principles of secularism and equality before the law that is ingrained in our Constitution,” the group wrote, as reported by Live Law.

Following several other complaints, Chief Justice Khanna has requested a detailed report from the Allahabad High Court regarding Justice Yadav’s comments.