CPM general secretary Sitaram Yechury Thursday wrote to President Ram Nath Kovind seeking the removal of the Chief Justice of Jammu and Kashmir and Ladakh High Court Pankaj Mithal claiming that he has violated his oath and compromised the constitutional office held by him by saying that inclusion of the terms secular and socialist in the Preamble of the Constitution had narrowed India's spiritual image.

In his letter, Yechury said it has been widely reported in the media that Justice Mithal addressed a seminar organized by the Akhil Bharatiya Adhivakta Parishad and said “inclusion of the terms secular and socialist in the Preamble of the Constitution had narrowed India's spiritual image.” Justice Mithal, he said, is further reported to have said that “sometimes, we bring amendments due to our adamancy.”

Yechury claimed that the December 5 programme was held by an organisation affiliated to the RSS.

“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 offense, which is in violation of the oath taken by him to carry out his constitutional functions. His conduct unbecoming of the Constitutional office of the Chief Justice that he is holding warrants his immediate removal from the said office,” he said.

Yechury writes to Prez, seeks removal of J&K HC Chief Justice

“As the custodian of the Constitution, as the head of the State and as the appointing authority of (Justice) 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,” he added.

(With inputs from agencies)