'Against Secularism': PIL In Allahabad HC Seeks Dismissal Of UP CM For Backing Justice SK Yadav's Recent Statements

The PIL plea, filed by the People's Union for Civil Liberties (PUCL), contends that the CM's utterances are in derogation of the secular republic of India.

It argues that the support given by CM Adityanath to Justice Yadav is a gross violation of the oath of the office, in as much as, he has defied the faith and allegiance to the Constitution of India.

The PIL plea, moved through Advocate Seema Srivastava, further submits that the statements by CM Yogi is in violation of fraternity which means brotherhood. It adds that stating that the majority has to dominate the minority, amounts to hate speech and is against secularism.

For context, speaking at the World Hindu Economic Forum 2024 on Saturday (December 14, 2024) in Mumbai, CM Yogi Adityanath had criticised the opposition for seeking impeachment of Justice Yadav.

Lending support to the remarks of Justice Yadav, CM Yogi had said that "whoever speaks the truth" is threatened in this way.

“An Allahabad High Court judge said there should be a Uniform Civil Code, and the world over feelings of the majority community are respected…What was a person's crime if he voiced these opinions?” CM had asked.

“Shouldn't there be a Uniform Civil Code in the country? The world over, the system runs as per what the majority community says, and India is saying the discrimination between majority and minority communities should end,” CM Yogi had added.

Further, on December 16, CM Adityanath again expressed his support for Justice Yadav's statements. Speaking in the UP Assembly, CM Yogi had said that when a judge speaks the truth, certain individuals begin to threaten him.

Defending Justice Yadav's stance, CM Yogi had also criticized the opposition for attempting to impeach the judge,

The PIL plea before the HC has been filed two days after Justice Yadav appeared before the Supreme Court Collegium led by CJI Sanjiv Khanna to put forth his stand regarding comments he made on December 8 at a Vishwa Hindu Parishad (VHP) event.

On December 10, the Supreme Court had taken note of his speech and calling for the relevant details and particulars of the same from the High Court. Following this, Justice Yadav was asked to appear before the SC Collegium.

Justice Yadav's speech has come under widespread criticism as being communal and derogatory towards the Muslim community. He said that the country would function as per the wishes of the majority and used the slur 'Kathmul**h' in his speech.

A PIL plea has already been moved before the Allahabad HC against an impeachment motion submitted to the Rajya Sabha Secretary General by 55 MPs seeking the impeachment of Justice Shekhar Yadav over the speech delivered by him at Prayagraj on December 8 at an event organised by the Vishwa Hindu Parishad (Legal Cell)

Read Live Law's coverage of Justice Yadav's speech here, here and here.

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