We are releasing herewith the text of the letter addressed to Shri Ram Nath Kovind, Hon’ble President of India by Shri Sitaram Yechury, General Secretary of Communist Party of India (Marxist) today on the misconduct by the Jammu & Kashmir and Ladakh High Court Chief Justice. A copy has also been marked to the Chief Justice of India.
Subject : Serious misconduct on the part of Jammu and Kashmir and Ladakh High Court Chief Justice Shri Pankaj Mithal – seeking removal from office.
Respected Rashtrapati ji,
I am writing to bring to your notice a very serious complaint against the Chief Justice of Jammu and Kashmir and Ladakh High Court Chief Justice Shri Pankaj Mithal, who has violated his oath and compromised the Constitutional Office held by him.
Shri Mithal addressed a programme organized by an organization affiliated to the RSS on 5th December 2021 at Jammu and spoke against the Constitution of India.
It has been widely reported in the media that Shri Mithal addressed a seminar organized by the Akhil Bharatiya Adhivakta Praishad and said the following : “Inclusion of the terms secular and socialist in the Preamble of the Constitution had narrowed India’s spiritual image”. Shri Mithal is further reported to have said : “Sometimes, we bring amendments due to our adamancy.”
Utterances against the country’s Constitution by a High Court Chief Justice, that too from a platform which preaches a particular ideology, is an unpardonable offence, which is in violation of the oath taken by him to carry out his constitutional functions.
Shri Mithal’s conduct unbecoming of the Constitutional office of the Chief Justice that he is holding warrants his immediate removal from the said office. As the custodian of the Constitution, as the head of the State and as the appointing authority of Shri Mithal, I request your good self to immediately set in motion the process for his removal from office to uphold the sanctity of the Constitution and independence of judiciary.
General Secretary, CPI(M)
Copy to: Shri N. V. Ramana, Hon’ble Chief Justice of India, New Delhi