Allahabad HC rejects PIL challenging impeachment motion moved against Justice Shekhar Yadav
Lucknow, Jan 7: The Lucknow bench of Allahabad High Court on Tuesday dismissed as "not maintainable" a PIL challenging the impeachment motion moved against Justice Shekhar Yadav over his alleged controversial remarks at a VHP event last month.
"We do not see that the cause espoused in the present petition relates to any vulnerable section of people. Thus, on the touch stone of maintainability, the present PIL does not qualify the very test of initiation of proceedings on its threshold," said the bench of Justice AR Masoodi and Justice Subhash Vidyarthi.
The bench passed the order on the public interest litigation moved by Ashok Pandey.
The petitioner had demanded that the HC should issue direction to the Rajya Sabha chairman not to initiate further proceedings on the notice for impeachment motion submitted to the Rajya Sabha secretary general by 55 MPs.
In the notice, the MPs have sought impeachment of Justice Yadav, a sitting judge of the Allahabad High Court, over the speech delivered by him at Prayagraj on December 8 at an event organised by the Vishva Hindu Parishad (VHP).
Dismissing the PIL, the bench held that the cardinal principle within which a PIL is entertained before the constitutional courts is representation of a cause of vulnerable section of people but the present PIL is not filed by such section.
Addressing a provincial convention of the legal cell and high court unit of the VHP at the high court on December 8, among other things, Justice Yadav said the main aim of the uniform civil code was to promote social harmony, gender equality and secularism.
The following day, videos of the judge speaking on provocative issues, including the law working according to the majority, were circulated widely on social media, prompting strong reactions from several quarters, including opposition leaders who questioned his reported statement, labelling it as "hate speech".
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
SC issues contempt notice over scurrilous allegations against Telangana HC judge
New Delhi (PTI): The Supreme Court on Tuesday issued contempt notices to a litigant and his lawyers for making "scurrilous allegations" against a sitting judge of the Telangana High Court in their plea.
The top court, while issuing the show cause notices to the petitioner and his lawyers, refused to allow withdrawal of the petition, and said, “We cannot permit judges to be out in a box and allow any litigant to make such allegations against a judge. Here we were trying to protect lawyers.”
A bench comprising Chief Justice B R Gavai and Justice K Vinod Chandran was hearing a transfer plea filed by petitioner N Peddi Raju filed through advocate-on-record Ritesh Patil.
The petition involved a case in which Telangana Chief Minister A. Revanth Reddy had received relief from a high court in a matter under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
“Here we were trying to protect lawyers, but this kind of conduct cannot be condoned,” the bench, which earlier heard another suo motu case pertaining to summoning of lawyers by the ED for rendering legal advice, said.
“Scurrilous allegations have been made against the sitting judge of Telangana High Court. It has been held (in a judgement) that it is not only a litigant but also a lawyer who signs (the petition) is guilty of contempt of court.
“We thus issue notice to Peddi Raju as well as the lawyers … and the AoR. They are directed to state why contempt should not be initiated against them. Notice returnable on August 11,” the CJI said.
A counsel sought the liberty to withdraw the remarks after the court expressed strong displeasure. However, the bench dismissed the request.
“File apology …we will see whether to consider or not. We will see the apology is genuine or not. When we expressed displeasure at the language, liberty was sought to withdraw. We dismissed the request,” the bench said.
The case stems from the Telangana High Court's decision to quash a criminal case registered against the chief minister under the SC/ST Act.
The petitioner later approached the top court with a transfer plea, alleging bias and impropriety on the part of the high court judge.
Senior advocate Sidharth Luthra appeared on behalf of the chief minister.
