The Allahabad High Court on Tuesday (January 7, 2025) dismissed a public interest litigation (PIL) that was filed to challenge the impeachment motion filed in Parliament against Justice Shekhar Kumar Yadav. The impeachment motion against Justice Shekhar Kumar Yadav is related to his speech in which he allegedly made controversial comments against the Muslim community.
According to reports, in this case lawyer Ashok Pandey Public interest litigation Had filed. The petitioner had demanded that the Speaker of the Rajya Sabha be stopped from taking any action on this impeachment motion. The petitioner’s argument was that Justice Yadav had made this statement as a member of the Hindu community and this statement does not fall in the category of hate speech.
The petition said that Justice Yadav used the word ‘fanatic’ in the context of incidents which were related to his personal experiences. It also said that judges also have the right to freedom of expression under Article 19 of the Constitution, and statements made by them outside the court cannot be a basis for removing them from the post of judge.
The court rejected this petition and said that it is not justified. Justice Ataur Rehman Masoodi and Justice Subhash Vidyarthi The bench clarified Said that PIL can be filed only when it is for the weaker section of the society. The court also said that Justice Yadav himself is competent and if he feels injustice is being done against him, he can approach the court.
Let us tell you that Justice Shekhar Kumar Yadav had given a speech in a program organized by Vishwa Hindu Parishad (Law Cell) in Prayagraj on 8 December 2024. In this speech he had said that governance in India should be run according to the wishes of the majority community. Also, he used the word ‘fanatic’, which is considered derogatory against the Muslim community. Controversy arose after his statement and 54 other MPs including MP Kapil Sibal presented an impeachment motion against him in the Rajya Sabha.
The impeachment motion has accused Justice Yadav of ‘unproven misconduct’ and ‘incompetence’. The resolution states that his speech is hateful and has hurt the dignity of the judiciary.
Justice Yadav, while clarifying his statement, had said that he had only expressed his opinion. According to him, ‘fundamentalism’ affects the rights of Muslim women and children. He also raised the question whether his statements fall in the category of ‘proven misconduct’?
After this entire controversy, the Chief Justice of Allahabad High Court changed the roster of judicial cases of Justice Yadav. Now they will hear only first appeals filed before 2010. The Supreme Court Collegium had also summoned Justice Yadav and sought his stand.
