Kapil Sibal Seeks Impeachment Of Justice Shekhar Yadav Over VHP Speech

Senior Advocate and Rajya Sabha MP Kapil Sibal today called for the impeachment of Justice Shekhar Kumar Yadav, Judge of the Allahabad High Court, for his controversial speech made at an event organised by the Vishwa Hindu Parishad (VHP) on Sunday.

In a press conference conducted, Sibal expressed: 

“Main chahunga ki some jo Satta- Paksh ke log hai woh hamare saath jurein, aur hum ikkatha ho kar iss judge ke impeachment karein.”

(I would like the government to join us in impeaching the HC judge) 

Sibal, the President of the Supreme Court Bar Association, also urged the Prime Minsiter, Home Minister and Members of Parliament from the ruling to party to extend support for impeaching Justice Yadav. 

"Hamara Samvidhaan bhi kehta hai ki judiciary independent honi chahiye. Toh mujhe Poora Vishwas hai ki PM, Home Minister aur satta mein Jo MPs hai wohi hamara saath dein. Kyunki agar woh saath nahi dengay toh Aisa lagega ki woh judge ke saath hai”

(Our constitution also requires the judiciary to be independent. The PM, Home Minister and other MPs should show support in impeaching, or else it will look like they are siding with the judge).

Expressing his discontent over the conduct of the sitting High Court Judge, Sibal said :

'Agar aisa bhaashan ek judge de sakta, woh bhi HC ka judge, toh sawaal yeh uthta hai ki aise log appoint kaise hotein hai? Sawaal yeh bhi uthta hai ki aise logo ko himmat bhi kaise hoti hai aise bayaan dene ki? Sawaal yeh bhi uth tha hai ki pichle 10 saalon mein aisa kyun ho raha hai?" 

( If such a speech can be given by a High Court Judge, a pertinent question arises how are such persons appointed as judges? How do such person gather the courage to give such speeches? another important question is- why are such incidents occurring in the past 10 years?) 

Sibal also referred to how recently Former Calcutta High Court Judge, Justice Abhijit Gangopadhyay resigned from his judicial position to contest the Lok Sabha elections as a BJP Candidate. 

He added, "Main maanta hoon ki Supreme Court ke paas yeh power hai ki asie shaks ko (Justice Yadav) uss kursi pe baithne ki ijjazat nahi hona chaiye. Aur jab tak woh waha hai uske aagey koi case nahi jaane chahiye." 

(I believe that the Supreme Court has ample powers to ensure the Justice Yadav's judicial work is suspended) 

The Campaign for Judicial Accountability and Reforms (CJAR) has written to the Chief Justice of India seeking in-house enquiry against Justice Yadav and withdrawal of judicial work from him, saying that his speech had communal overtones and unpardonable slurs against the Muslim community.

In a related development, the Supreme Court has taken note of Justice Yadav's speech and sought a report from the Allahabad High court.

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