Allahabad HC judge's comments at VHP event: Kapil Sibal calls for impeachment motion against him
New Delhi, Dec 10: Rajya Sabha MP Kapil Sibal on Tuesday said Allahabad High Court Judge Shekhar Yadav, who made controversial remarks at a VHP function, has violated his oath of office by making a "hate speech" and asserted that he along with other opposition MPs will submit a notice to bring a motion to impeach the judge.
Sources said opposition MPs are likely to submit the notice in the next few days.
The judge made the remarks on Sunday while addressing a provincial convention of the Legal Cell and High Court Unit of the Vishva Hindu Parishad in the Allahabad High Court.
A day later, videos of the judge speaking on provocative issues, including the law working according to the majority, were circulated widely, triggering a strong reaction from various opposition parties that questioned his reported statements and labelled them hate speech.
"Any judge who makes such a statement is violating his oath of office. If he is violating the oath of office he has no right to sit on that chair," Sibal said at a press conference.
"If a high court judge can make a speech like this then the question arises how do such people get appointed in the first place. The question also arises how do they get the courage to make such remarks. Question also arises why these things are happening in the last 10 years," the senior advocate said.
Sibal said the Supreme Court has the power to stop such people from sitting on that chair and till then it should be ensured that no case comes before him.
The Rajya Sabha MP's remarks made before the Supreme Court on Tuesday called for details from the Allahabad High Court after taking note of news reports of the speech of Justice Yadav, a sitting high court judge, delivered at a VHP function.
"I have spoken to some fellow leaders Digvijaya Singh (Congress), Vivek Tankha (Congress), Manoj Jha (RJD), Javed Ali (SP), and John Brittas (CPI(M), we will soon meet and we will bring an impeachment motion against the judge. There is no other way. This is hate speech in every sense of the word," Sibal said.
Veteran lawyer Sibal had read out the impeachment motion against Chief Justice of India Dipak Misra in 2018 and had also defended Supreme Court judge V. Ramaswami in 1993 when he faced an impeachment motion over charges of financial impropriety.
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TVK chief should be given opportunity to prove majority in TN Assembly: Omar
Srinagar (PTI): Jammu and Kashmir Chief Minister Omar Abdullah on Friday said there was no justification for the Tamil Nadu governor to stop TVK leader Vijay from forming the government, and he should be provided an opportunity to prove majority in the assembly.
Tamil Nadu Governor Rajendra Vishwanath Arlekar on Thursday rejected TVK chief Vijay's claim to form the government, stating that his party lacks the requisite numbers.
The Tamilaga Vettri Kazhagam (TVK) has fallen short of meeting a simple majority to form the government in Tamil Nadu. Though the Congress with five MLAs has offered support to TVK, Vijay's party falls short of a simple majority of 118 in the 234-member Tamil Nadu Assembly.
Abdullah said there was no justification for President's rule in Tamil Nadu in view of numerous Supreme Court judgements emphasising on inviting the single largest party to form the government and then prove its majority on the floor of the house.
"If we see the Supreme Court judgement, then there should be no President's rule. There are so many cases in which the SC has clearly stated that after the elections, the single largest party should be invited (for government formation) and they should be allowed to prove their majority in the assembly," Abdullah told reporters here when asked about the political situation in Tamil Nadu.
"It happened when (former prime minister) (A B) Vajpayee formed the government for 13 days, the President of India did not wait for him to show his numbers. The President of India invited him, the government was there for 13 days, but when Vajpayee did not have the numbers, he resigned," he said.
So, if we take the SC judgement, the J-K CM added, then the Tamil Nadu Lok Bhavan "has no justification to stop this process".
"Vijay should be allowed to form the government, and then he should be provided an opportunity to prove his majority and if he proves, he will remain, but if not, then he will have to resign," Abdullah said.
To a question on whether there would be impact of the Special Intensive Revision (SIR) in Jammu and Kashmir, the CM said its impact remains to be seen in the rest of the country first as the assembly elections in the Union territory were not due till 2029.
"As of now it (SIR) has happened in Bengal only. Why are you worried about J-K? The elections are not to take place here till 2029. Let us first see its impact in the rest of the country. What we had to suffer (in J-K), we have. We suffered their delimitation, which was done to benefit the BJP and its friends. Let's see what happens in the future," he said.
On the reported remarks of Leader of Opposition in the J-K assembly, Sunil Sharma, that if the chief minister goes for cabinet expansion, then his party, the National Conference (NC), would suffer like the Shiv Sena in Maharashtra and someone like Eknath Shinde would emerge here as well, Abdullah said all his MLAs stand firmly with the party.
"This tells about the intentions of the BJP. 'Aaya Ram Gaya Ram' (turncoats). Eknath Shinde left because the BJP helped him to leave. It is obvious that the LoP is impatient to hold the chair of the chief minister of J-K. I will only tell him that there is no Eknath Shinde in the National Conference. NC's MLAs stand firmly with the party," he said.
Abdullah said the cabinet expansion is on hold because statehood has not been restored to J-K.
"Cabinet expansion is not on hold because of any fear and that is why I regularly say that the LoP proves through statements like this that till the BJP does not get power, they will not allow us to work smoothly and will not make J-K a state again," he said.
Hitting out at the LoP and the BJP, the J-K CM said the people of J-K, especially those who voted for the BJP in the last elections, should remember that the LoP and his party "indulge in the politics of blackmail and the people here are intimidated in the name of statehood".
