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Synopsis

Senior Advocate and Rajya Sabha MP Kapil Sibal has called for the impeachment of Justice Shekhar Kumar Yadav, a judge of the Allahabad High Court, following his remarks at a Vishwa Hindu Parishad (VHP) event on Sunday. Addressing a press conference today, Sibal criticized the judge’s speech for its 'communal undertones' and urged members of the ruling government as well to support the move for his impeachment.

"Immediate action must be taken against the judge to send a clear message that we will not tolerate judges of such nature in this country sitting anywhere", Sibal asserted.

He said, "I have talked to some associate political leaders like Digvijay Singh, Vivek Tankha, Samajwadi Party's Javed Ali Khan, RJD's Mohan Jha and CPI(M)'s John Brittas that we would meet as MPs and as soon as possible will bring an impeachment motion against the judge".

"Because no other way is left", he added.

Sibal, who also serves as the President of the Supreme Court Bar Association, made an impassioned appeal for judicial accountability. “I would like members of the ruling party to join us, so that we can collectively impeach this judge,” he said emphasising the need for bipartisan collaboration in upholding the independence of the judiciary.

Sibal extended his plea to Prime Minister Narendra Modi, Home Minister Amit Shah, and Members of Parliament from the ruling party.

Sibal’s criticism extended to the appointment and accountability mechanisms within the judiciary. He questioned the selection process and the perceived erosion of judicial neutrality in recent years. 

“If a judge, especially a High Court judge, can give such a speech, the question arises: how are such individuals appointed? How do they gather the courage to make such statements? Another important question is: why have such incidents been happening over the past ten years?” he asked.

Hate Speech

Sibal called Justice Yadav's speech 'hate speech in every sense of the word' and 'a violation of every principle of judicial conduct'.

Reference to Prior Incidents

The senior advocate also drew parallels with recent developments, including the resignation of former Calcutta High Court judge Justice Abhijit Gangopadhyay, who stepped down to contest the Lok Sabha elections on a BJP ticket. He asserted that such instances undermine public trust in the judiciary and called upon the Supreme Court to exercise its powers to ensure Justice Yadav is barred from discharging judicial functions.

“I believe the Supreme Court has ample powers to ensure that such an individual is not allowed to occupy the judicial seat. Until this matter is resolved, no cases should be assigned to him,” Sibal added.

CJAR and Supreme Court Step In

The Campaign for Judicial Accountability and Reforms (CJAR) has also stepped into the fray, writing to the Chief Justice of India (CJI) and demanding an in-house inquiry against Justice Yadav. The organization described his speech as carrying “communal overtones” and accused him of making “unpardonable slurs against the Muslim community.” CJAR further recommended the immediate withdrawal of judicial work assigned to Justice Yadav.

In a related move, the Supreme Court has taken note of the controversy, directing the Allahabad High Court to submit a detailed report on Justice Yadav’s remarks.

With the Supreme Court’s intervention and mounting public scrutiny, the case is expected to have far-reaching implications.

Justice Yadav's remarks ignited a storm. From advocating for the Uniform Civil Code (UCC) to calling out harmful practices across communities, his statements mainly challenge societal norms.

Here is a closer look at what he actually said.