Justice Shekhar Yadav
Justice Shekhar Yadav hit the headlines after he made objectionable remarks during the VHP programme. He met with the Supreme Court committee on Tuesday. It is reported that the meeting was held at the Supreme Court Guest House. Earlier, Justice Shekhar Yadav also met CJI Sanjeev Khanna.
Justice Yadav made objectionable statements in the VHP program. Following the uproar over the matter, the Supreme Court took note of the matter and summoned the High Court on December 10 to provide details. This detail was sent to the Supreme Court last Monday, after which Justice Yadav is believed to be able to meet CJI Sanjeev Khanna. He also met with four senior judges of the Supreme Court collegium on Tuesday. It is learned that Justice Shekhar Yadav narrated various aspects of his statement to senior judges in a meeting with the Supreme Court committee.
What action might the Supreme Court take?
The entire nation’s eyes are on what action the Supreme Court will take over Justice Shekhar Yadav’s objectionable remarks. There are many speculations, but experts believe that there are three steps the Supreme Court can take against Justice Shekhar Yadav. Here, his transfer, a second decision not to allocate judicial work and a third impeachment recommendation could be approved.
What do lawmakers say?
Lawmakers said the Supreme Court could set up a commission of inquiry. It will submit a report to the committee after considering all aspects of the statement. Further steps will be decided based solely on this report. Senior Supreme Court advocates and constitutional scholars Rakesh Dwivedi, Gyanant Singh, Anupam Mishra and Abhishek Rai (Abhishek Rai) said that the Constitution does not have the right or power to supervise the High Court. In such circumstances, the Full Bench does not have the power under the Constitution to dismiss a High Court judge or remove him from office. Both are independent in their respective fields. However, the Full Bench of the Supreme Court has the power to appoint and transfer High Court judges.
What powers does the college have?
According to the legislator, the committee will send the approved list to the central government for appointment and transfer. These relate to promotion from the High Court to the Supreme Court, appointments to the High Court, stabilization and transfers. If the government sends the first approval letter for appointment or transfer back to the collegiate bench and the collegiate bench reconsiders it and sends it back, it cannot be returned by the Center.
The investigation committee has not yet been established
According to lawyers, so far, CJI Sanjeev Khanna or the committee is seeking details about Justice Shekhar Yadav’s case. However, an interdepartmental commission of inquiry has yet to be formed. If it is clear from the details that Justice Yadav’s statement is inappropriate or objectionable, then a committee will be constituted as per procedure and Justice Yadav will appear before the committee and elaborate his case on the context and content of his statement. position its impact. Why is this not offensive or inappropriate? Thereafter, the committee will submit its decision to the CJI or collegium. Regarding Justice Yadav’s presence in the collegium, the legislator said he would appear to state his side only after the committee is constituted as per procedures. .
MPs said CJI Sanjiv Khanna’s action in such cases could be to advise the chief justice of the high court not to allot judicial work to the judge concerned for a stipulated period, while he could also request the government to impeach him. Remember, former CJI KG Balakrishnan had recommended the impeachment of Justice Soumitra Sen.
The Supreme Court has no power to supervise the High Courts.
Jurists said the Supreme Court cannot take other steps if a high court judge is charged in any way. On February 21, the Supreme Court reiterated in one of its rulings that the Supreme Court has no power to supervise the High Courts.
