Public Interest Litigation challenging the impeachment motion against Justice Yadav dismissed by the Allahabad High Court

  • Case of Justice Shekhar Kumar Yadav Using the Term ‘Kathamulla’

  • Congress leader Kapil Sibal had introduced the impeachment motion in the Rajya Sabha!

Prayagraj – The Allahabad High Court has dismissed a Public Interest Litigation (PIL) challenging the impeachment motion filed in Parliament against Justice Shekhar Kumar Yadav. The court observed that PILs are meant for protecting the rights of weaker sections of society. Justice Yadav is capable of defending himself and may approach the judiciary if he believes an injustice has been done.

Advocate Ashok Pandey had filed the PIL requesting the court to restrain the Chairman of the Rajya Sabha from taking any action on the impeachment motion. He argued that Justice Yadav’s statement was made in his personal capacity as a member of the Hindu community and did not qualify as hate speech. Under Article 19 of the Constitution, every individual has the right to freedom of speech, which applies to judges as citizens. Furthermore, statements made outside the courtroom cannot serve as grounds for removal from office.

A bench comprising Justice Ataur Rahman Masoodi and Justice Subhash Vidyarthi dismissed the petition, deeming it unjustifiable.

What is the Case About ?

On December 8, Justice Shekhar Kumar Yadav delivered a speech at an event organized by the Vishwa Hindu Parishad in Prayagraj. He stated that governance in India should align with the wishes of the majority community. During his speech, he used terms like ‘Kathamulla,’ which were deemed offensive to the Muslim community, sparking widespread opposition.

Congress MP Kapil Sibal, along with 54 other MPs, introduced an impeachment motion against Justice Yadav in the Rajya Sabha, alleging that his speech incited hatred and tarnished the reputation of the judiciary.

Editorial Perspective

Is it surprising that such a motion is brought by Congress leaders like Kapil Sibal, who have spent their lives appeasing the Muslim community !