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Supreme Court takes note Allahabad HC judge Shekhar Yadav's controversial VHP event speech

Dec 10, 2024 03:25 PM IST

A purported video of Justice Yadav's speech, in which he said that the law should work according to the majority, has been widely circulated on social media.

The Supreme Court on Tuesday said that it has taken note of a speech given by Justice Shekhar Kumar Yadav, a sitting judge of the High Court of Judicature at Allahabad, at a Vishva Hindu Parishad (VHP) event recently.

Justice Yadav spoke on Uniform Civil Code (UCC) and other issues during a provincial convention of the VHP's Legal Cell and High Court Unit on Sunday(X/@barandbench)
Justice Yadav spoke on Uniform Civil Code (UCC) and other issues during a provincial convention of the VHP's Legal Cell and High Court Unit on Sunday(X/@barandbench)

The court said that details and particulars have been called from the Allahabad High Court and the matter is under consideration.

A purported video of Justice Yadav's speech, in which he said that the law should work according to the majority, has been widely circulated on social media, triggering a strong reaction from opposition parties. HT did not independently verify the authenticity of the video clips.

“This is Hindustan, and this country would function as per the wishes of the “bahusankhyak”,” he allegedly said.

At the event, Justice Shekhar Kumar Yadav had also batted for the Uniform Civil Code, saying that it's main aim is to promote social harmony, gender equality and secularism.

"The main objective of the Uniform Civil Code is to promote social harmony, gender equality and secularism by eliminating unequal legal systems based on different religions and communities," he had said, as per 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.

Several Opposition MPs, including Trinamool Congress’s Mahua Moitra and All India Majlis-e-Ittehadul Muslimeen’s Asaduddin Owaisi, had criticised the judge. The Samajwadi Party and the Uttar Pradesh unit of the Congress had also urged CJI Khanna to take cognisance of the statements.

NGO writes to CJI

Prashant Bhushan, lawyer and convenor of the NGO Campaign for Judicial Accountability and Reforms 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.

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

Also Read: NGO writes to CJI Sanjiv Khanna seeking probe against Allahabad high court judge over ‘anti-Muslim slurs'

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

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

Among objectionable statements, Prashant Bhushan's letter cited Yadav's remarks that children in one community are taught the values of kindness and non-violence, and its people are raised to be tolerant.

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

The letter pointed 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 and avoid conduct that erodes public confidence in judicial institutions.

CJAR’s letter demanded the immediate suspension of judicial work allocated to Justice Yadav and 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 and 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 and 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 and by withdrawing all judicial work from Justice Yadav,” the letter read.

VHP chief Alok Kumar on Tuesday rejected opposition criticism of Allahabad High Court judge Shekhar Yadav for attending and speaking at the event, asserting that such "awareness meets" would continue to be organised.

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