More than 50 Opposition and Independent members of the Rajya Sabha on Friday submitted a notice for moving an impeachment motion against Justice Shekhar Kumar Yadav of Allahabad High Court, who purportedly made anti-Muslim comments at a VHP event.
MPs Kapil Sibal, Vivek Tankha, Digvijaya Singh, John Brittas, Manoj Jha and Saket Gokhale met Rajya Sabha secretary-general P.C. Mody and handed over the notice, which sources said had the signatures of 55 Upper House members.
Justice Yadav had at a Vishwa Hindu Parishad event on December 8 allegedly referred to Muslims as "kathmullahs", asserted that India would run according to the majority’s wishes, and "pledged" that a uniform civil code would become reality.
The Supreme Court on Tuesday sought a report from Allahabad High Court on the judge’s remarks, and India’s apex body of the Catholic clergy, the Catholic Bishops Conference of India (CBCI), on Wednesday urged MPs to impeach Justice Yadav.
On Thursday, Congress member Renuka Chowdhury moved a notice under Rule 267 seeking the suspension of the day's listed business for a discussion on the judge's "derogatory and divisive" comments.
Chairman Jagdeep Dhankhar rejected the notice saying a discussion about a sitting judge could not be allowed without a substantive motion. On Friday, the MPs filed the notice for impeachment under Articles 124(4), 124(5), 217(1)(b) and 218 of the Constitution.
According to Articles 217(1)(b) and 218, a high court judge may be removed from his office by the President in the manner provided under Article 124 for the removal of a Supreme Court judge.
Articles 124(4) and 124(5) say that a Supreme Court judge shall be removed from office by an order of the President passed after an address by each House of Parliament, supported by two-thirds of the members of the House present and voting.
Sources said Opposition MPs would move a similar motion in the Lok Sabha.
A video purportedly shows Justice Yadav saying at the December 8 event: "We teach our children about God and the Vedas from childhood, we teach them non-violence. But you (Muslims) kill animals in front of your children. Then how do you expect them to be tolerant and liberal?... So I don’t have any hesitation in saying that this is India and it will run according to the majority community of this country...."
At another point, he purportedly says: "It’s not that all of them, about whom I am talking, are bad…. The malpractices are because of kathmullas (fanatics)."
On the uniform civil code (UCC), he appears to say: "You cannot say that I have the right to have four wives, that I have the right to say triple talaq and I have the right not to give maintenance to women…. I assure you that you will see this bill (UCC) very soon…. I pledge here that this country will bring one law very soon."