Rajya Sabha may form panel to probe hate speech charges against HC judge Shekhar Kumar Yadav

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. 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.

Sources in the Opposition told The Indian Express that the signature duplication happened due to some misunderstanding during the signing of the papers. Three sets of representation were prepared for submission, they said. The sources said the requisite number of signatures were there to proceed with the impeachment proceedings, even if one signature is declared invalid.

The Opposition has been pushing the Rajya Sabha to initiate the process against Justice Yadav for his controversial speech.

Speaking at the VHP event on December 8 last year, Justice Yadav had said: “I have no hesitation in saying that this is Hindustan… and the country will run according to the majority who live in Hindustan.”

Supporting a Uniform Civil Code, he referred to the Muslim community, and said: “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.” He said untouchability, sati, jauhar and female foeticide had been addressed. “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.”

On December 13, accusing Justice Yadav of engaging in hate speech, a delegation of Opposition members in the Rajya Sabha submitted a notice seeking his impeachment.

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.

It is learnt that Dhankhar was referring to media reports that the Supreme Court had taken note of the incident and asked Allahabad High Court Chief Justice Arun Bhansali for a report.

Sources said Rajya Sabha Secretary General P C Mody informed the Supreme Court that Parliament was already seized of the matter as an impeachment notice was pending. Following this communication, it is learnt that the Supreme Court decided not to proceed any further in the matter.

During a meeting with floor leaders on March 25, the matter of the pending impeachment notice is learnt to have been brought up. Sources said 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. As per Article 218, the same applies to judges of High Courts.