Yesterday, Allahabad High Court Judge, Justice Shekhar Kumar Yadav appeared before the Supreme Court collegium to address the controversy surrounding his remarks made at a Vishwa Hindu Parishad (hereinafter referred to as “VHP”) event. This appearance comes after his speech on December 8 at a VHP-organized function sparked political, professional, and public backlash for its perceived unconstitutional and anti-secular content.
Justice Yadav had spoken at a provincial convention of the VHP’s legal cell and high court unit in Allahabad, where he discussed various issues, including the Uniform Civil Code (hereinafter referred to as “UCC”). His statements, particularly those implying that the law operates according to the majority's wishes, and his use of a derogatory term towards Muslims, attracted sharp criticism.
The Supreme Court, after taking note of media reports and public outcry, issued an official statement on December 10, confirming that it had requested a report from the Allahabad High Court regarding the judge’s remarks. The statement read, "The Supreme Court has taken note of newspaper reports of a speech given by Mr Justice Shekhar Kumar Yadav, a sitting judge of the High Court of Judicature at Allahabad. The details and particulars have been called from the high court, and the matter is under consideration."
As per established norms, Justice Yadav was allowed to present his version of the events before the collegium, which is led by Chief Justice of India Sanjiv Khanna. Justice Yadav defended his speech, claiming the media had selectively quoted his remarks to generate controversy. However, the collegium remained unconvinced by his explanation. It reportedly advised the judge to be more circumspect about his public conduct, emphasising that "every statement made by a judge must be in sync with the dignity of office so that the faith of people in the judiciary remains unaffected."
The fallout from Justice Yadav's speech has been significant. Numerous opposition leaders, legal experts, and members of the public have condemned his comments as a violation of judicial ethics and the constitutional principles of impartiality and secularism. Advocate Prashant Bhushan, in a letter to the Chief Justice of India, called for an in-house enquiry into the matter, stating, "A strong institutional response is needed to restore public faith in the judiciary."
Further, several political figures, including CPI(M) leader Brinda Karat, have criticised the judge’s remarks as a breach of his judicial oath. The Bar Association of India has also condemned the statements, urging the judge to retract them and apologise. Additionally, opposition MPs have initiated impeachment proceedings against Justice Yadav, with a formal motion submitted to the Rajya Sabha during the ongoing winter session of Parliament.
Picture Source :
