CPI(M) wants Chief Justice of J&K HC to be removed over remarks on Constitution, writes to President

Justice Pankaj Mithal | jkhighcourt.nic.in

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New Delhi: The Communist Party of India (Marxist) has written to President Ram Nath Kovind, demanding the removal of the Chief Justice of the High Courts of Jammu and Kashmir and Ladakh. Comments The words “Socialist” and “Secular” were made by him in the Preamble of the Constitution. Two words were added to the existing “sovereign democratic republic” in the preamble by a constitutional amendment in 1976.

Justice Pankaj Mithal had said on December 5 that the addition of the words “socialist” and “secular” to “sovereign, democratic, republic” already mentioned in the Preamble of the Constitution in 1976 reduced the “enormity of its spiritual image”. . He made the remarks while delivering the keynote address on ‘Religion and the Constitution of India: Interaction’ at a function organized by the Advocates Council of Jammu and Kashmir and Ladakh in Jammu.

The CPI(M)’s letter, signed by party general secretary Sitaram Yechury, claimed that Justice Mithal “addressed an event organized by an organization affiliated to the RSS … and spoke against the Constitution of India”. It also said that Justice Mithal “violated his oath and compromised the constitutional office held by him”.

“Statement by the Chief Justice of the High Court against the Constitution of the country, that too from a platform which propagates a particular ideology, This is an unforgivable offence, which violates the oath taken by him to perform his constitutional functions.”

The letter called for Justice Mithal’s “removal from office”, and said, “As the custodian of the Constitution, as the head of state and as the appointing authority of Mr. Mithal, I request you to immediately come into motion.” I request the process of removing him from office in order to uphold the sanctity of the Constitution and the independence of the judiciary”.


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‘Spiritual Republic of India’

Justice Mithali during the ceremony Allegedly pointed out that dynasties such as the Pandavas, Mauryas, Guptas and Mughals or later the British ruled India, but it was never defined on the basis of religion as a Muslim, Christian or Hindu nation, as it was considered a spiritual country. was accepted as He further said that the country has always been spiritual and hence it should have been named “Spiritual Republic of India”.

He then insisted that by adding the word secular, “we have narrowed our enormity of the spiritual presence”, and that “sometimes, we bring amendments because of our stubbornness”.

The words “Socialist, Secular” were added to the Preamble of the Constitution by? The Constitution (Forty-second Amendment) Act, 1976 Indira Gandhi government during emergency

Justice Mithali got included in Started practicing in 1985 as an advocate in Bar Council of Uttar Pradesh and Allahabad High Court. He was appointed as an additional judge of the High Court in July 2006 and was sworn in as a permanent judge in July 2008. He was appointed as the Chief Justice for the Common High Court for the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh in December last year. And took over Posted on January 4th of this year.

(Edited by Polomi Banerjee)


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