Lawyer & convenor of the NGO, Campaign for Judicial Accountability & Reforms, Prashant Bhushan on Tuesday wrote a letter to Chief Justice of India Sanjiv Khanna seeking an “in-house enquiry” into the conduct of Justice Shekhar Kumar Yadav of the Allahabad High Court.

The call comes in the wake of remarks made by Justice Yadav at a Vishva Hindu Parishad (VHP) event, which the NGO alleges breached judicial ethics & violated the constitutional principles of impartiality & secularism.

The judge had said the main aim of the Uniform Civil Code is to promote social harmony, gender equality & secularism.

"The main objective of the Uniform Civil Code is to promote social harmony, gender equality & secularism by eliminating unequal legal systems based on different religions & communities," he had said, according to a release issued by the VHP.

"A Uniform Civil Code refers to a common law that applies to all religious communities in personal matters such as marriage, inheritance, divorce, adoption etc," the judge had said.

In the letter, Bhushan said Justice Yadav delivered a speech endorsing the Uniform Civil Code (UCC) while making controversial remarks perceived as targeting the Muslim community.

The Campaign for Judicial Accountability & Reforms (CJAR) said that Justice Yadav’s participation in the VHP event & his comments constitute judicial impropriety & breach the solemn oath to uphold the Constitution impartially.

According to Bhushan, the remarks undermine the judiciary's role as a neutral arbiter & erode public trust in its independence.

“Justice Yadav also used unpardonable & unconscionable slurs against the Muslim community, bringing shame & disrepute to the High Office of a Judge of the Allahabad High Court & the Judiciary as a whole, besides undermining the rule of law, he is meant to uphold,” Bhushan charged in the letter.

Among other objectionable statements, he remarked that children in one community are taught the values of kindness & non-violence, & its people are raised to be tolerant, it said.

“He went on to remark, ‘Where the cow, the Gita & the Ganga define the culture, where every home has an idol of Harbala Devi, & every child is Ram. Such is my country’”, the letter said.

The letter highlights that the judge’s conduct violates the “Restatement of Values of Judicial Life,” a code of conduct adopted by the Supreme Court in 1997.

Specific violations cited include the principles that judges must maintain impartiality & avoid conduct that erodes public confidence in judicial institutions.

CJAR’s letter demanded the immediate suspension of judicial work allocated to Justice Yadav & the constitution of a time-bound in-house committee to investigate his conduct.
“A strong institutional response is needed to restore public faith in the judiciary,” the letter said.

“This speech by Justice Shekhar Kumar Yadav, has raised doubts in the minds of average citizens about the independence & neutrality of the judiciary, given the wide coverage it has received, a strong institutional response is needed.

“Since these statements are made at a public event & a video recording of the same is available, a time bound enquiry ought to be initiated. We call upon Your office sir, to restore the faith of the people in the institution of the judiciary by immediately setting up an in-house committee to enquire into acts of judicial impropriety by Justice Yadav & by withdrawing all judicial work from Justice Yadav,” the letter said.

The NGO said the judiciary must remain a countermajoritarian institution & ensure fairness & impartiality in its functioning.

“Justice Yadav’s remarks raise serious doubts about his ability to perform his judicial duties with neutrality,” the letter said.

On Monday, Communist Party of India (Marxist) leader Brinda Karat wrote to the CJI stating that the speech made by the Allahabad High Court judge is a violation of his oath, & said there should be "no place for such persons in a court of justice."

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