Raya Sabha likely to form panel to probe hate speech allegation against Justice Shekhar Kumar Yadav: Report

Justice Shekhar Kumar Yadav (File Photo)

Rajya Sabha Chairman Jagdeep Dhankhar is likely to form an inquiry panel to probe allegations of hate speech against Justice Shekhar Kumar Yadav of the Allahabad High Court, The Indian Express reported citing sources.

Justice Yadav was accused by Opposition members of indulging in hate speech during an event organized by the Vishwa Hindu Parishad in December last year. The Rajya Sabha Chairman's likely move comes six months after as many as 55 Opposition MPs submitted a representation to him seeking to bring an impeachment motion against the judge.

As per the Judges Inquiry Act, impeachment proceedings require a resolution signed by at least 50 Rajya Sabha MPs or 100 MPs of the Lok Sabha. As per the IE report, the process of verifying the 55 signatures on the representation submitted to Dhankhar is currently underway.

Speaking in the Rajya Sabha on March 21, Dhankhar had said that two mails had been sent to the MPs asking them to verify their signatures. Of the 55 members who signed the representation, a member’s signature appears on two occasions and the member concerned has denied his signature, Dhankhar had then said.

"Now I do not wish to get into this act which may graduate to culpability to a higher level. If the number is above 50, I will proceed accordingly. Therefore, most of the members have cooperated. Those members who have not done so far, may please do it in response to the second mail sent to them,” he had said.

Opposition members said that the duplication of signatures may have occurred due to some misunderstanding and that they had the requisite numbers to proceed with the impeachment proceedings even if one signature was declared invalid.

Addressing a gathering at a VHP event on December 8 last year, Justice Yadav said, "I have no hesitation in saying that this is Hindustan… and the country will run according to the majority who live in Hindustan."

He also expressed strong support for a Uniform Civil Code and also referred to the prevalence of certain practices in the Muslim community while pointing out that Hindus have addressed the ills on their end.

"You have a misconception that if a law [UCC] is brought in, it will be against your Shariyat, your Islam and your Quran… But I want to say one more thing… Whether it is your personal law, our Hindu law, your Quran or whether it is our Gita, as I said we have addressed the ills [buraaiyan] in our practices [untouchability, sati, Jauhar, female foeticide]. Then why are you not doing away with… that while your first wife is there… you can have three wives… without her consent… that is not acceptable," he had said.

Addressing the House on February 13, Dhankhar said he had received an undated notice for motion to remove Justice Yadav under Article 124(3) of the Constitution. "The obligation for the stated subject matter constitutionally rests with the Chairman, Rajya Sabha, and in eventuality with Parliament and the honourable President. Taking note of public domain information and inputs available, it is appropriate that the Secretary General, Rajya Sabha shares this, for information, with the Secretary General, Supreme Court of India," he had said.

During a meeting with floor leaders on March 25, the matter of the pending impeachment notice was brought up, The Indian Express reported, adding that once the signatures are verified, action can be taken whether the House is in session or not. The Monsoon Session of Parliament begins on July 21.

According to Article 124 (4) of the Constitution, a Supreme Court judge can be removed by Parliament on grounds of "proved misbehavior" and "incapacity", following the laid-down procedure. The same applies to judges of High Courts as per Article 218.