Taking cognisance of news reports, the Supreme Court (SC) on Tuesday called for details from the Allahabad High Court on the controversial speech of Justice Shekhar Kumar Yadav, delivered at a Vishva Hindu Parishad (VHP) Legal Cell function at Prayagraj. "The Supreme Court has taken note of the newspaper reports of a speech given by Mr Justice Shekhar Kumar Yadav, a sitting judge of the High Court of Judicature at Allahabad. The details and particulars have been called from the High Court and the matter is under consideration (sic),” the SC statement read.
Sitting judge Justice Yadav made the controversial remarks on December 8 while addressing a convention of the legal cell of the Vishva Hindu Parishad in Allahabad. A day later, videos of the judge speaking on provocative issues, including the law working according to the majority, were circulated widely, triggering strong reactions from various opposition parties which questioned his reported statements and labelled it as hate speech. He urged for Uniform Civil Code, blaming practices such as Triple Talq, Nikah Halala in the Muslim community.
“I have no hesitation in stating that this is Hindustan, and this country will function according to the wishes of the majority living here. This is the law. It is not about speaking as a High Court Judge; rather, the law operates in accordance with the bahusankyak (majority). Consider this in the context of a family or society - only what ensures the welfare and happiness of the majority will be accepted,” Justice Yadav said.
The judge also used the term “kathmullah”, a slur against Muslims. Referring to extremists as “kathmullah”, he said that the country should be circumspect about them. “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),” said Justice Yadav at VHP’s legal cell function.
Kapil Sibal, president of the Supreme Court Bar Association called for the impeachment of Justice Yadav. He also urged the Prime Minister, Home Minister and Members of Parliament from the ruling party to extend support for impeaching Justice Yadav. Meanwhile, Lok Sabha MPs Syed Ruhullah Mehdi, Asaduddin Owaisi initiated MPs’ signatures in Parliament, seeking impeachment against Justice Yadav.
Communist Party of India (Marxist) leader Brinda Karat, has written to the Chief Justice of India (CJI) Sanjiv Khanna, demanding action against the Judge. Campaign for Judicial Accountability and Reforms (CJAR) headed by Prashant Bhusnal also urged the CJI to initiate action seeking In house Inquiry and suspension of the Judge for violating the code of conduct for Judges.