Allahabad HC Upholds Impeachment Motion Against Justice Yadav, Rejects PIL

The Allahabad High Court dismissed a Public Interest Litigation (PIL) challenging the impeachment motion filed against Justice Shekhar Kumar Yadav, a sitting judge, for his controversial remarks against Muslims. The Division Bench, comprising Justices Attau Rahman Masoodi and Subhash Vidyarthi, ruled that the PIL was not maintainable.

Background of the Controversy

Justice Yadav faced backlash after making contentious remarks during a speech at an event organised by the legal cell of the right-wing organisation Vishwa Hindu Parishad (VHP). Among his statements, Justice Yadav asserted that India would function “as per the wishes of the majority community.” He also used the term “kathmullah,” a derogatory slur against Muslims, sparking outrage and calls for his judicial work to be withdrawn.

In response to the controversy, the High Court restructured Justice Yadav’s roster. He was restricted to hearing first appeals—cases stemming from district court orders—and only those filed up to 2010.

Impeachment Motion

The incident led Member of Parliament (MP) Kapil Sibal and 54 other MPs to submit an impeachment motion against Justice Yadav to the Chairman of the Rajya Sabha.

Amid this, a PIL was filed by Advocate Ashok Pande seeking to halt the Rajya Sabha Chairman from acting on the impeachment motion. Pande argued that Justice Yadav’s remarks reflected his perspective as a Hindu, asserting that the use of the term “kathmullah” did not amount to hate speech.

The plea stated:

“As an advocate and judge, he may have been expressing grievance against ‘kathamullapan,’ referring to certain practices within the Muslim community, such as compelling women to wear the hijab and burqa or opposing the construction of the Shri Ram Janmabhoomi temple.”

The petition further claimed that Justice Yadav was highlighting historical grievances tied to figures like Babar and Aurangzeb and their alleged legacy of obstructing Hindu temples.

Court’s Decision

The High Court dismissed the PIL, deeming it not maintainable. The Bench declined to entertain the petitioner’s arguments or issue any directions to the Rajya Sabha Chairman regarding the impeachment process.