Oppn is likely to move for the removal of the judge in Allahabad HC | India News – Times of India

NEW DELHI: The opposition is planning to move a motion RajyaSabha for the removal of Justice Shekhar Kumar Yadav in Allahabad, whose controversial comments on Uniform Civil Code and Muslims at a VHP event caused a major row, with even the Supreme Court seeking an HC report.
Although the motion is likely to be submitted to the RS Secretary General on Thursday, there are concerns in the opposition camp that the Senate office may not accept the motion. Following this, the INDIA bloc is likely to petition SC against the rejection. The Opposition argues that acceptance or rejection of the motion by the Rajya Sabha is an administrative action, which is judicial.
The idea of ​​removal of a judge mooted by Digvijay Singh, supported by Sibal, Tankha
The opposition accuses Justice Yadav of “hate speech and encourage it communal harmony“, which are contrary to the Constitution. Crucially, the petition is likely to accuse Yadav of engaging in public debate and publicly expressing his views on political issues relating to UCC, which is a violation of the ” Restatement of the Values ​​of Judicial Life’ , 1997′ laid down by SC.
Sources said the idea of ​​removing the judge was initiated by senior Congress functionary Digvijaya Singh, and pushed by lawyers Kapil Sibal and Vivek Tankha. All opposition parties support the petition. Thirty-eight signatures were collected on Wednesday and the remaining 12 should be completed by Thursday, they said. “Senior leaders will sign the petition,” the source said.
The political class is concerned about the growing trend of judges making political comments and associating themselves with the events of the BJP family, with members claiming that this drift must be arrested or “all hell will break loose”. That Justice Yadav’s comments constitute a “blatant communal bias” has only made the issue more urgent for the Opposition. In seeking Yadav’s dismissal, the opposition is likely to argue that no litigant can expect justice in a court where a judge has a biased, prejudiced and publicly expressed opinion about the minority community.
As per the procedure, the petition will urge the Rajya Sabha Chairman to accept the motion and forward it to the President, set up an inquiry committee to probe the allegations of hate speech, communal disharmony and violation of judicial ethics , and later to initiate proceedings to depose the justice. Yadav from office if the allegations are proven.