‘Have Taken Note’: SC on Controversial Speech of Allahabad HC Judge

NEW DELHI:
The Supreme Court said it has taken note of the controversial speech given by Justice Shekhar Kumar Yadav, a sitting judge of the Allahabad High Court.

“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,” read a statement issued by the apex court.

Speaking at the provincial convention of the Vishwa Hindu Parishad’s law Cell (Kashi Province) on Sunday, Justice Yadav purportedly said that the “country would function as per the wishes of the ‘bahusankhyak’ (majority) living in Hindustan”.

“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 had said, as per media reports.

Further, he reportedly said: “Lekin yeh jo kathmullah hai jo…yeh sahi shabd nahi hai…lekin kehne mein parhez nahi hai kyunki woh desh ke liye bura hai…desh ke liye ghatak hai, khilaaf hai, janata 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.”

Earlier on Tuesday, advocate Prashant Bhushan, in his capacity as convenor of Campaign for Judicial Accountability and Reforms (CJAR), urged the Chief Justice of India to constitute an “in-house enquiry” against Justice Yadav for “judicial impropriety” and “violating the code of conduct for judges”.

Bhushan said that Justice Yadav used “unpardonable and unconscionable slurs against the Muslim community, bringing shame and disrepute to the High Office of a Judge of the Allahabad High Court and the Judiciary as a whole, besides undermining the rule of law, he is meant to uphold”.

“Both his participation in this right wing event as well his statements, are in gross violation of Articles 14, 21, 25 & 26 read with the Preamble of our Constitution. They are discriminatory and violate the basic principles of secularism and equality before the law that is ingrained in our Constitution.

Such communally charged statements at a public event, by a sitting judge of the High Court, not only hurt religious sentiments but completely erode the faith of the general public in the integrity and impartiality of the judicial institution. Such a speech is also a brazen violation of his oath as a judge where he had promised to uphold the constitution and its values impartially,” the CJAR’s letter said.