Allahabad High Court judge Shekhar Kumar Yadav will retire on April 15 while impeachment proceedings against him remain incomplete. The controversy over his remarks on Muslims ends without trial as the constitutional process lapses with his retirement.
Justice Shekhar Kumar Yadav of the Allahabad High Court is set to retire on April 15, bringing an end to a controversial phase of his judicial career. His retirement comes even as impeachment proceedings initiated against him could not move forward and remained pending.
The High Court will hold a full court reference on the same day to mark his retirement. This formal event will conclude his tenure, which attracted major public and legal attention in its final years.
Justice Yadav was first appointed as an additional judge on December 12, 2019, and later became a permanent judge on March 26, 2021.
The controversy around him began in December 2024, when he delivered a speech at an event organised by the legal cell of the Vishva Hindu Parishad (VHP). During this speech, he made several remarks related to religion, governance, and minority communities, which led to widespread criticism across the country.
Speaking on the topic of the Uniform Civil Code, Justice Yadav stated,
“I have no hesitation in stating that this is Hindustan, and this country will function according to the wishes of the majority living here…only what ensures the welfare and happiness of the majority will be accepted,”
he had said.
This statement, along with his use of the term “kathmullah”, which is considered derogatory towards Muslims, triggered strong reactions. He also made remarks comparing Hindu traditions with Muslim practices, including references to polygamy, triple talaq, and animal slaughter.
Following the speech, members of the legal community, civil society, and political leaders strongly criticised him. Many demanded his removal, saying that such statements were not appropriate for a sitting judge of a constitutional court.
Soon after, efforts were made in Parliament to begin impeachment proceedings against him. Senior Advocate and Rajya Sabha MP Kapil Sibal publicly stated that a motion for his removal would be introduced.
Reports suggested that more than 50 Members of Parliament had signed the removal notice, which is the minimum requirement to start the process. The allegations claimed that Justice Yadav’s speech amounted to hate speech and showed bias against minority communities.
However, the impeachment process faced procedural delays. The Rajya Sabha Secretariat began verifying signatures, but issues like duplication and format errors were reported. Even after several months, the motion was not formally accepted.
Kapil Sibal later raised concerns that these delays might allow the judge to retire without facing any action.
At the same time, members of the legal fraternity also sought action. In January 2025, 13 senior advocates wrote to then Chief Justice of India Sanjiv Khanna, requesting a criminal investigation into Justice Yadav’s speech.
The Supreme Court Collegium also looked into the matter and considered starting an in-house inquiry after receiving a negative report from the Chief Justice of the Allahabad High Court. However, this step was later stopped after the Rajya Sabha Secretariat informed that the issue was under Parliament’s jurisdiction.
On the administrative side, some changes were made within the High Court. Justice Yadav’s roster was initially limited to civil cases. But later, he was again assigned criminal matters and bail cases.
This was not the first time Justice Yadav had made controversial observations. In 2021, during a hearing related to cow slaughter laws, he remarked that cows exhale oxygen and suggested that Parliament should consider declaring the cow as the national animal and cow protection as a fundamental right.
Importantly, impeachment is a constitutional process meant to remove a sitting judge. Once a judge retires, this process cannot continue.
With Justice Yadav’s retirement now taking place, the entire process has effectively come to an end. No committee was formed, no formal charges were framed, and no trial took place in Parliament.
As a result, Justice Yadav will retire with full honours, and the High Court will formally acknowledge his service through a full court reference.
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