RS may form panel to probe charges of hate speech against HC judge

Rajya Sabha Chairman Jagdeep Dhankhar is expected to set up an inquiry committee to investigate allegations of hate speech made by Justice Shekhar Kumar Yadav of the Allahabad High Court during a VHP event in December last year, according to information obtained by The Indian Express.

Opposition sources explained that a duplication of signatures occurred due to confusion while signing the documents. They clarified that three separate sets of the representation were prepared for submission.

Despite the issue with one of the signatures, they maintained that the required number of valid signatures was still in place to move forward with the impeachment process.

The opposition has pushed the RS to begin the process against Justice Yadav for his controversial speech, Indian Express reported.

Speaking at the VHP event on December 8 last year, Justice Yadav said: “I have no hesitation in saying that this is Hindustan… and the country will run according to the majority who live in Hindustan.”

Supporting a Uniform Civil Code, he referred to the Muslim community, and said: “You have a misconception that if a law [UCC] is brought in, it will be against your Shariyat, your Islam and your Quran… But I want to say one more thing… Whether it is your personal law, our Hindu law, your Quran or whether it is our Gita, as I said we have addressed the ills [buraaiyan] in our practices.”

He said untouchability, sati, jauhar and female foeticide had been addressed. “Then why are you not doing away with… that while your first wife is there… you can have three wives… without her consent… that is not acceptable.”

On December 13, a delegation of opposition lawmakers in the Rajya Sabha filed a notice of impeachment against Justice Yadav, accusing him of hate speech.

Addressing the House on February 13, Dhankhar stated that he had received an undated notice of motion to remove Justice Yadav under Article 124(3) of the Constitution. “The obligation for the stated subject matter constitutionally rests with the Chairman, Rajya Sabha, and in eventuality with Parliament and the honourable President. Taking note of public domain information and inputs available, it is appropriate that the Secretary-General, Rajya Sabha shares this, for information, with the Secretary-General, Supreme Court of India,” he had said.

It is understood that Vice President Dhankhar was referring to media reports indicating that the Supreme Court had taken cognizance of the incident and had asked the Chief Justice of the Allahabad High Court, Arun Bhansali, for a report.

According to sources, Rajya Sabha Secretary General P.C. Mody informed the Supreme Court that the matter was already under consideration by Parliament, as an impeachment notice had been filed. In light of this communication, the Supreme Court reportedly decided not to pursue the issue further.

The pending impeachment notice was also reportedly discussed during a meeting with parliamentary floor leaders on March 25. Sources indicated that once the signatures on the notice are verified, proceedings can move forward regardless of whether Parliament is in session. The Monsoon Session is scheduled to begin on July 21.

Under Article 124(4) of the Constitution, a Supreme Court judge can be removed by Parliament for “proved misbehavior” or “incapacity,” following the prescribed procedure. Article 218 extends the same provisions to High Court judges.