In a significant legal development, a Public Interest Litigation (PIL) has been filed in the Allahabad High Court challenging the impeachment motion directed at Justice Shekhar Yadav. This motion, initiated by 55 Members of Parliament including Kapil Sibal, stems from remarks made by Justice Yadav at a Vishwa Hindu Parishad (Legal Cell) event in Prayagraj on December 8.
The petitioner, Advocate Ashok Pandey, argues that Justice Yadav’s speech, wherein he used the term ‘Kathmullah’, was delivered in a private capacity to a Hindu audience and should not be construed as hate speech. The plea emphasizes that the speech addresses issues deeply connected to the Hindu community, impacting their daily lives.
The controversy centers around Justice Yadav’s comments perceived by some as insensitive or provocative. However, the petitioner asserts these remarks were made in a context of personal and community experiences of injustice and should be protected under the fundamental right to free speech.
The plea further contends that the impeachment motion lacks grounds of proven misbehavior or incapacity, the constitutional criteria for a judge’s removal. It accuses the MPs involved, particularly Kapil Sibal, of misusing their positions to unduly influence judicial independence.
This legal challenge comes as the judiciary’s leadership responds to the uproar over Justice Yadav’s comments. The Chief Justice of the Allahabad High Court altered Justice Yadav’s judicial roster effective December 16, and the Supreme Court Collegium has summoned him to clarify his remarks.
