Such Remarks Can Be ‘Avoided’: SC Collegium Led by CJI Khanna Reprimands Justice Shekhar Yadav’s Controversial Anti-Muslim Remarks

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According to the media, the Collegium conveyed to Justice Yadav that such comments were avoidable, though specific details of the 30-minute meeting remain undisclosed.

NEW DELHI: The Supreme Court Collegium, led by Chief Justice of India Sanjiv Khanna, held a meeting on Tuesday (17th Dec) with Justice Shekhar Kumar Yadav of the Allahabad High Court to address his recent controversial remarks made at a Vishwa Hindu Parishad (VHP) event.

According to the media, the Collegium conveyed to Justice Yadav that such comments were avoidable, though specific details of the 30-minute meeting remain undisclosed.

Attention now shifts to the Rajya Sabha Chairman, who must decide on the Opposition’s impeachment motion against Justice Yadav, citing charges of “hate speech” and “incitement to communal disharmony.”

The Campaign for Judicial Accountability and Reforms (CJAR) has filed a formal complaint with the Chief Justice of India (CJI) demanding an in-house enquiry against Justice Yadav.

Furthermore, on December 12, Allahabad High Court announced a major change in the roster of Justice Yadav. Effective December 16, he will only be hearing first appeals cases arising out of orders passed by district courts, and that too only those filed up to 2010. 

Senior lawyer Prashant Bhushan has urged the Chief Justice to initiate an “in-house inquiry” into Justice Yadav’s conduct, emphasizing the need for a robust institutional response to maintain public trust in the judiciary.

Bhushan’s letter called for the establishment of an inquiry committee and the withdrawal of all judicial responsibilities from Justice Yadav to restore faith in the judicial system.

Justice Shekhar Kumar Yadav of the Allahabad High Court has generated controversy due to comments he made at a Vishwa Hindu Parishad (VHP) event.

Justice Yadav’s remarks, delivered on December 8 event organized by the VHP’s legal cell within the Allahabad High Court premises, sparked widespread criticism. He framed the Uniform Civil Code (UCC) as a conflict between Hindus and Muslims, asserting that while Hindus had reformed their practices, Muslims had not.

Addressing misconceptions around the UCC, Justice Yadav stated,

“You think a law [UCC] will go against your Shariyat, your Islam, and your Quran. But reforms are necessary. Hindus have addressed issues like untouchability, sati, jauhar, and female foeticide. Why can’t you change laws that allow a man to marry multiple times without his first wife’s consent? This is unacceptable.”

Justice Yadav further claimed that Hinduism fosters tolerance, contrasting it with Islam.

“Hinduism teaches us to be compassionate, even towards the smallest creatures. That’s why we are tolerant. But your community lacks this… How can someone exposed to animal slaughter from childhood grow up to be tolerant and kind?” he remarked.

He also emphasized majoritarianism, stating, “This is Hindustan, and the country will follow the will of the majority. Laws are shaped by the majority, whether in families, societies, or nations.”

These statements drew sharp rebukes from opposition parties. CPM leader and former MP Brinda Karat wrote to CJI Khanna, arguing that such biased remarks undermine the judiciary’s impartiality and erode public confidence.

She stated, “No litigant can expect justice from a judge with such prejudiced and majoritarian views.”

The Opposition has submitted an impeachment motion against Justice Yadav in the Rajya Sabha, which the Chairman must decide to accept or reject.

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Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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