Freedom of Expression or Judicial Intimidation? Debate over Impeachment Motion Intensifies

Senior advocate Adish C Aggarwal defends Justice Shekhar Kumar Yadav amidst impeachment motion by Kapil Sibal, emphasizing judges' freedom of expression and cautioning against misuse of impeachment for political intimidation, highlighting challenges in gaining required parliamentary majority.

Controversy has erupted over alleged hate speech by Justice Shekhar Kumar Yadav of the Allahabad High Court, prompting senior lawyer Adish C Aggarwal to come to his defense. Aggarwal asserted that judges, like all citizens, have the inherent right to freedom of expression.

The comments came as Kapil Sibal, President of the Supreme Court Bar Association and a Rajya Sabha MP, proposed an impeachment motion against Justice Yadav. Sibal alleged that the judge's remarks were inflammatory and undermined the judicial office. However, Aggarwal argued that such a motion could threaten the judiciary's independence.

Aggarwal speculates that the impeachment attempt is a strategic move to coerce the judiciary, noting that Sibal himself likely knows that securing the necessary two-thirds majority in both Houses of Parliament is improbable under current political conditions. Aggarwal contends that Justice Yadav's speech, although potentially avoidable, does not justify impeachment proceedings.

(With inputs from agencies.)