Rajya Sabha MPs today moved a petition before the Chairman seeking impeachment of Gujarat High Court judge J B Pardiwala for his alleged "unconstitutional" remarks against reservation made in the Hardik Patel case.
The MPs alleged that while delivering the judgment on a special criminal application against Hardik Patel, Justice Pardiwala has ruled that two things have "destroyed this country or rather, (have) not allowed this country to progress in the right direction...(i) reservation and (ii) corruption".
The petition said the judge has also mentioned that "when our Constitution was framed, it was understood that the reservations would remain for a period of ten years, but unfortunately, it has continued even after 65 years of independence".
The MPs said that the ten-year limit was prescribed for the political reservations i.e representation to the SCs and STs in the Union and state legislatures, and not the reservation in the areas of education and employment.
"It is distressing that Justice J B Pardiwala should be unaware of the constitutional provision with respect to the policy for the SCs and the STs," it said.
The petition by MPs said since the observations of the judge find place in judicial proceedings, "these are unconstitutional in nature and amount to behaviour misconduct towards the Constitution of India that forms the ground for an impeachment".
The MPs have appealed to Rajya Sabha Chairman Hamid Ansari to initiate the proceedings for impeachment against Justice Pardiwala and have attached the necessary documents alongwith. Sources in the Rajya Sabha Chairman's office confirmed having received the petition and said it is "under consideration".
The MPs who signed the petition include Anand Sharma, Digvijay Singh, Ashwani Kumar, P L Punia, Rajeev Shukla, Oscar Fernandes, Ambika Soni, B K Hariprasad (all Congress), D Raja (CPI), K N Balagopal (CPI-M), Sharad Yadav (JD-U), S C Misra and Narinder Kumar Kashyap (BSP), Tiruchi Siva (DMK) and D P Tripathi (NCP).
A minimum of 50 MPs are required to sign such a petition in Rajya Sabha, while in Lok Sabha the number is 100.
The MPs also attached a copy of the resolution passed unanimously at a meeting attended by MPs, MLAs, former ministers of Gujarat and government of India and leading members of SC/STs and OBCs, held at Ahmadabad on December 12 that sought action, including an impeachment against the said judge for his remarks against reservations.
Members of a Parliamentary panel on Scheduled Castes and Scheduled Tribes, cutting across party lines, had yesterday assailed the alleged "anti-reservation" remarks of a Gujarat High Court Judge and warned of impeachment proceedings against him.
The members of Parliamentary Standing Committee on SC/ST at a meeting in Parliament House "condemned" the remarks by Justice J P Pardiwala and resolved to stage a protest in front of B R Ambedkar's statue on December 23.
The meeting was attended among others by Union Ministers Ram Vilas Paswan and Thawar Chand Gehlot.
Weeks after the Supreme Court scrapped the National Judicial Appointments Commission (NJAC) Act, BJP member Udit Raj had targeted the judge in the Lok Sabha. Pardiwala had made the remarks on December 1 while quashing the charge of 'waging war against government' against Patel quota stir leader Hardik Patel and retaining the one of sedition.