New Delhi: The Supreme Court has taken note of reports about a communal speech delivered by an Allahabad high court judge at an event organised by the extremist Hindutva body, Vishva Hindu Parishad.
The apex court announced in a press release that it has taken note of Justice Shekhar Kumar Yadav’s speech.
“The details and particulars have been called from the High Court and the matter is under consideration,” it said.
Justice Yadav, as The Wire has reported in detail, had said that India would function only as per the wishes of the “majority,” referring to the Hindu community. He even used the controversial term “kathmulla” to refer to a section of Muslims who engaged in practices such as having four wives and triple talaq, describing them as “fatal” to the nation.
The Campaign for Judicial Accountability and Reforms (CJAR) today (December 10) also wrote to Chief Justice of India Sanjiv Khanna urging an “in-house enquiry” to be conducted on the matter, by a committee formed for the purpose.
CJAR letter
The CJAR said that Justice Yadav’s conduct in attending the event and delivering the controversial speech has “raised doubts in the minds of average citizens about the independence and neutrality of the judiciary, given the wide coverage it has received, a strong institutional response is needed.”
In a multi-page letter, the CJAR also pointed to the effects of such behaviour by a judge:
“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 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 said that Justice Yadav’s conduct apart from being communal and discriminatory is in violation of the Restatement of Values of Judicial Life’, adopted by the Supreme Court of India, in 1997.
The letter highlighted the most serious parts of the judge’s speech, calling his communal slurs unpardonable:
“Justice Yadav also 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. Among other objectionable statements, he remarked that children in one community are taught the values of kindness and non-violence, and its people are raised to be tolerant. However, in another community, it would be difficult to expect tolerance from children, especially when they witness the slaughter of animals in front of them (referring to the Muslim community). On the Uniform Civil Code, he stated that while women are revered as goddesses in Hindu scriptures like the shastras and vedas, members of a particular community (Muslims) still claim the right to have multiple wives, engage in Halala, or practice Triple Talag. He went on to remark, “Where the cow, the Gita and the Ganga define the culture, where every home has an idol of Harbala Devi, and every child is Ram – such is my country.””
Justice Yadav’s actions and beliefs, the CJAR said, were “expressed in categorical words,” and “raise serious questions about his fitness as a judge, in particular, as a judge of a constitutional court such as the Allahabad High Court.”
“Justice Yadav’s statements betray his inability to act with fairness, impartiality and neutrality in the discharge of his judicial functions,” noted the CJAR, asking that all judicial work be withdrawn from Justice Yadav immediately, pending the completion of the in-house committee.
