Chief Justice of India (CJI) Sanjiv Khanna briefed the Supreme Court’s full bench on a Collegium meeting with Justice Yadav regarding his controversial remarks against Muslims at a Vishwa Hindu Parishad event on December 8. The remarks triggered widespread criticism and calls for impeachment from the Opposition. The Collegium, consisting of the top five judges, met to deliberate on the matter.
New Delhi: Chief Justice of India Sanjiv Khanna informed the Supreme Court’s full court on Wednesday about the Collegium’s recent meeting with Justice Shekhar Kumar Yadav of the Allahabad High Court.
This meeting prompted by Justice Yadav’s controversial remarks about Muslims made during a Vishwa Hindu Parishad event on December 8, which sparked public outcry and calls from the Opposition for his impeachment.
While the full court meeting primarily focused on the designation of retired High Court judges as senior advocates, Chief Justice Khanna raised the issue regarding Justice Yadav.
A source noted,
“It is very much an ongoing issue and no decision has been made. The full court was just told that the meeting had taken place.”
Another source revealed that during the Collegium’s discussion with Justice Yadav, they indicated that a public apology would be necessary to restrain the controversy.
However, Justice Yadav expressed a desire to clarify his remarks publicly at a later date, suggesting they had been misinterpreted.
The Collegium plans to deliberate over the next few days on potential actions, which could range from transferring Justice Yadav to initiating an in-house inquiry. This inquiry could be a precursor to recommending his removal to the President, in accordance with the Judges Inquiry Act.
In his remarks at the VHP event, Justice Yadav suggested that the Uniform Civil Code (UCC) was a Hindu versus Muslim issue and criticized Muslim personal laws.
He stated,
“You have a misconception that if a law (UCC) is brought in, it will be against your Shariyat, your Islam and your Quran… But I want to say one more thing… whether it is your personal law, our Hindu law, your Quran or whether it is our Gita… we have addressed the ills (buraaiyan) in our practices… Then why are you not doing away with this law… that while your first wife is there… you can have three wives… without her consent… that is not acceptable.”
He also claimed that “Hinduism had the seeds of tolerance which Islam didn’t,”
He remarked,
“I have no hesitation in saying that this is Hindustan… and the country will run according to the majority who live in Hindustan.”
The briefing by Chief Justice Sanjiv Khanna to the full court intended to promote transparency and collective awareness among all Supreme Court judges concerning the matter. Sources indicate that the discussion highlighted the significance of safeguarding the judiciary’s independence and upholding public trust in the judicial system.
Justice Yadav’s remarks at the Vishwa Hindu Parishad event, represented a rare and difficult situation for the judiciary. Critics argued that such statements could damage the credibility of the judicial system and jeopardize its responsibility to uphold the secular values enshrined in the Constitution.
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