In his letter, Bhushan criticized Justice Yadav for making comments allegedly targeting the Muslim community and accused him of judicial impropriety. CJAR argued that his participation in the event and his statements undermine the judiciary’s role as a neutral arbiter and erode public trust in its independence.
![[VHP Event] NGO Writes To CJI Khanna Seeks ‘In-house’ Inquiry Against Allahabad HC Judge For His Remarks](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/12/image-11-2.png?resize=820%2C461&ssl=1)
NEW DELHI: On Tuesday (10th Dec) Prashant Bhushan, lawyer and convenor of the NGO Campaign for Judicial Accountability and Reforms (CJAR), wrote to Chief Justice of India Sanjiv Khanna, seeking an in-house inquiry into the conduct of Justice Shekhar Kumar Yadav of the Allahabad High Court.
The request follows Justice Yadav’s remarks at a Vishva Hindu Parishad (VHP) event, which CJAR claims breach judicial ethics and violate constitutional principles of impartiality and secularism.
At the event, Justice Yadav reportedly endorsed the Uniform Civil Code (UCC), stating its primary aim is to promote social harmony, gender equality, and secularism by eliminating unequal legal systems based on religion and community. He also remarked on the UCC’s application to personal matters like marriage, inheritance, divorce, and adoption, according to a VHP release.
“I have no hesitation in saying that this is Hindustan, and this country will function according to the majority living here. This is the law. It is not about speaking as a High Court Judge; the law follows the majority,” Justice Yadav said. He likened the situation to a family or society, where only the welfare of the majority will be accepted.
His speech also included derogatory remarks, including the term “kathmullah” to describe extremists, suggesting the country should remain cautious about them.
In his letter, Bhushan criticized Justice Yadav for making comments allegedly targeting the Muslim community and accused him of judicial impropriety. CJAR argued that his participation in the event and his statements undermine the judiciary’s role as a neutral arbiter and erode public trust in its independence.
The letter also cited specific remarks by the judge that were considered offensive and contrary to the principles of impartiality and fairness.
The letter highlighted that Justice Yadav’s actions violate the Restatement of Values of Judicial Life, adopted by the Supreme Court in 1997, which requires judges to maintain impartiality and avoid conduct that erodes public confidence in judicial institutions.
CJAR demanded the immediate suspension of Justice Yadav’s judicial duties and the formation of a time-bound in-house committee to investigate the matter.
Emphasizing the need for institutional accountability, CJAR asserted that a strong response is essential to restore public faith in the judiciary. The letter also noted that the wide circulation of Justice Yadav’s remarks has raised doubts among citizens regarding judicial independence and neutrality.
In a separate letter, On Monday, Communist Party of India (Marxist) leader Brinda Karat wrote to the CJI stating that the speech made by the Allahabad High Court judge is a violation of his oath, and said there should be “no place for such persons in a court of justice”.
In response to controversial remarks made by Justice Shekhar Kumar Yadav of the Allahabad High Court at a Vishva Hindu Parishad (VHP) event, Rajya Sabha MP and senior lawyer Kapil Sibal expressed serious concerns, describing the comments as divisive and unbefitting of someone tasked with upholding the Constitution.
Sibal noted that even politicians avoid making such statements and questioned the appointment of a judge who could express such views.
He remarked, “How can someone dare to make such statements? This trend has persisted over the past decade, with individuals making controversial remarks, resigning, joining the BJP, and later becoming Rajya Sabha members.”
Sibal urged the Supreme Court to take strict action against Justice Yadav, including barring him from presiding over cases.
Sibal also revealed plans to initiate an impeachment motion against the judge, with support from leaders like Digvijaya Singh, Vivek Tankha, Javed Ali, Mohan Jha, and the CPI(M) party.
Stressing the importance of judicial independence, he stated, “There is no alternative left for those who believe in the judiciary’s independence.”
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