The Bar Association of India condemned remarks made by Justice Shekhar Kumar Yadav of the Allahabad High Court during a lecture, criticizing them for violating secularism and judicial impartiality. The association called for a retraction and public apology from the judge, urging stricter oversight on events held on court premises to maintain judicial integrity and public confidence.
New Delhi: The Bar Association of India has expressed strong disapproval and condemnation of recent remarks made by Justice Shekhar Kumar Yadav of the Allahabad High Court during an event organized by the legal cell of an organization. In an emergency executive committee meeting held virtually on December 9, 2024, at 5:30 PM, the Bar Association of India passed a resolution addressing the issue.
“The Bar Association of India disapproves and condemns the recent remarks made by a High Court judge while giving a lecture,”
the resolution stated. These remarks, which have been widely circulated on social media and reported by credible media outlets, have sparked intense controversy.
During the event on the topic “Constitutional Necessity of Uniform Civil Code”, the judge reportedly made statements such as:
- “This is Hindustan, and this country will function according to the wishes of the majority living here. This is the law.”
- A derogatory term was allegedly used to refer to a specific community, with the judge adding that “not everybody from this community is bad, but [derogatory term] are fatal for the country.”
- The judge further urged people to safeguard their religion, stating: “You shouldn’t let this desire inside you die down…otherwise it won’t take very long for it to become Bangladesh and Taliban.”
The Bar Association of India highlighted that these remarks violate the principles of secularism enshrined in the Indian Constitution and the oath of office taken by a judge. “These remarks strike at the very foundation of a fair and unbiased judiciary which sustains the Rule of Law,” the resolution noted.
It also pointed out that by expressing such views publicly, the judge compromised the dignity and impartiality required of judicial office.
“The judge chose to abandon the basic self-restraint and caution of judicial office, giving rise to a perception of bias.”
The Bar Association of India criticized the Allahabad High Court for permitting an event organized by an external organization on court premises. It argued that such actions could create a misleading impression of institutional endorsement.
“The High Court should publicly disassociate itself from any connection with the holding of this event and views expressed there.”
The Bar Association of India expressed concern over a trend where judges with controversial public statements later enter local politics. It emphasized the importance of maintaining public confidence in judicial independence, quoting the Bangalore Principles of Judicial Conduct (2002) and the Beijing Statement of Principles of The Independence of The Judiciary (1997), which call for integrity, impartiality, and restraint.
The Bar Association of India urged the judge to retract his statements and tender a public apology. It also called upon the Chief Justice of India and the Supreme Court to address the matter sternly. Additionally, the BAI recommended that events by organizations not connected to the administration of justice should not be allowed on court premises.
This incident underscores the critical need for judicial accountability and impartiality, as public confidence in the judiciary is essential for the Rule of Law and democracy.
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