Justice Yadav’s statements, which sparked controversy, included contentious remarks targeting the Muslim community. He asserted that India would operate according to the majority’s wishes, emphasizing that the welfare and happiness of the majority take precedence over others.
![[VHP's Legal Cell Event] SC Takes Note Of ’Controversial’ Remarks Against Muslim By Justice Shekhar Kumar Yadav, Seeks Detail Report From Allahabad HC](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/12/image-17.jpeg?resize=800%2C459&ssl=1)
NEW DELHI: Today (10th Dec): The Supreme Court has taken note of remarks made by Justice Shekhar Kumar Yadav of the Allahabad High Court during a December 8 event organized by the Vishwa Hindu Parishad’s legal cell.
The apex court, on its administrative side, has sought details and particulars from the High Court regarding the matter, which is currently under consideration.
Justice Yadav’s statements, which sparked controversy, included contentious remarks targeting the Muslim community. He asserted that India would operate according to the majority’s wishes, emphasizing that the welfare and happiness of the majority take precedence over others.
“This is Hindustan, and the country will function as per the majority’s wishes. This is the law. It is not about my role as a High Court Judge but how the law aligns with the majority,” he stated, likening societal governance to ensuring the welfare of the majority in a family.
The judge also used the term “kathmullah,” widely regarded as a slur against Muslims, cautioning against extremists. He remarked, “This word may not be appropriate, but I won’t hesitate to use it, as such individuals are harmful and detrimental to the nation, inciting the public and hindering progress.”
Justice Yadav contrasted the upbringing of children across communities, alleging that while one community teaches kindness and tolerance, another exposes children to practices such as animal slaughter, which, according to him, impacts their perception of tolerance.
![[VHP's Legal Cell Event] SC Takes Note Of ’Controversial’ Remarks By Justice Shekhar Kumar Yadav, Seeks Detail Report From Allahabad HC](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/12/Vishwa-hindu.jpg?resize=820%2C461&ssl=1)
“Lekin yeh jo kathmullah hai jo…yeh sahi shabd nahi hai…lekin kehne mein gurez nahi hai kyunki woh desh ke liye bura hai…desh ke liye ghatak hai, khilaaf hai, janta ko bhadhkane wale log hai…desh aage na badhe is prakar ke log hai…unse saavdhaan rehne ki zaroorat hai (But these kathmullah… this may not be the right word… but I won’t hesitate to say it because they are harmful to the country…they are detrimental, against the nation, and people who incite the public. They are the kind of people who do not want the country to progress, and we need to be cautious of them),”
he stated.
Speaking on the Uniform Civil Code, he advocated for its enactment, describing it as a constitutional necessity.
He criticized practices like polygamy, Halala, and Triple Talaq in the Muslim community, contrasting them with Hindu traditions that revere women.
He declared, “I vow that this country will surely enact a uniform law, and it will happen very soon.”
The remarks have sparked demands for Justice Yadav’s impeachment and the withdrawal of his judicial duties in the interim.
Controversy After the Remarks
Today, 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.
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.
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