SC takes note of judge’s remarks at VHP event; seeks report from HC
Taking a judicial note of the conduct of Justice Shekhar Kumar Yadav of the Allahabad High Court over his speech at a VHP event in which he allegedly endorsed the Uniform Civil Code (UCC) and made certain controversial remarks against Muslims, the Supreme Court on Tuesday called for details from the high court.
"The Supreme Court has taken note of the 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 (sic),” an official statement issued by the top court said.
Senior advocate and Rajya Sabha MP Kapil Sibal called for Justice Yadav’s removal as a judge over his alleged remarks against Muslims. Sibal said he along with other MPs will soon bring a motion of impeachment against Justice Yadav and expressed the hope that the Prime Minister, Home Minster and other leaders and MPs will also support action against Justice Yadav.
Earlier, alleging breach of judicial ethics and constitutional principles of impartiality and secularism by Justice Yadav, Supreme Court lawyer and convener of Campaign for Judicial Accountability and Reforms Prashant Bhushan wrote to Chief Justice of India Sanjiv Khanna seeking an “in-house enquiry” into his conduct.
In a purported video of his speech widely circulated on social media, Justice Yadav can be seen saying that the law should work according to the majority.
Condemning Justice Yadav’s remarks, the Bar Association of India called upon him to retract his statements and tender a suitable apology. It also urged the Chief Justice of India and companion judges of the Supreme Court to deal with this issue in a stern and emphatic manner.
“The Bar Association of India disapproves and condemns the recent remarks made by a High Court judge while giving a lecture at an event organised by the legal cell of an organisation,” the Association said in a statement.
It demanded that events conducted by organisations not concerned with the administration of justice should not be permitted on any court premises.
Strongly reacting to Justice Yadav’s remarks, several Congress, Samajwadi Party, TMC, Shiv Sena (UBT) and AIMIM’s leaders urged CJI Khanna to take cognisance of the matter. CPI(M) leader Brinda Karat has written to the CJI demanding action against Justice Yadav for his comment that the country will function according to the wishes of the majority.
In his speech on Sunday, Justice Yadav had reportedly said that the main aim of the UCC was 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," a Vishwa Hindu Parishad release quoted him as having said.
This is the second incident of a high court judge allegedly making objectionable comments against a particular community. In September this year, Justice Vedavyasachar Srishananda of the Karnataka High Court had said that a particular (Muslim-dominated) area of Bengaluru was in Pakistan.
Taking suo motu cognisance of media reports on controversial remarks made by Justice Srishananda, the Supreme Court had on September 20 sought a report from the Registrar General of the high court. However, five days later, a five-judge Bench led by the then CJI DY Chandrachud closed the suo motu proceedings on the issue after the judge expressed regret over his remarks.
