NEW DELHI: Supreme Court on Tuesday took note of a controversial speech by Allahabad high court judge Shekhar Kumar Yadav, in which he reportedly said the country would function as per the wishes of the “bahusankhyak (majority)” and expressed a term used to describe rigid clerics, which is considered pejorative by many. Amid protests that his remarks were unconstitutional and were aimed against the minority community, the apex court also sought a report from HC.
The judge made the remarks while speaking on the Uniform Civil Code at a function organised by Vishwa Hindu Parishad on Sunday.
Sibal eyes judge’s impeachment, seeks PM’s support
As reports of his speech made headlines and a complaint was filed against him in the apex court, the SC administration headed by CJI Sanjiv Khanna sought details about the speech from HC.
“SC has taken note of newspaper reports of a speech given by Justice Shekhar Kumar Yadav, a sitting judge of HC of judicature at Allahabad. The details and particulars have been called from HC and the matter is under consideration,” stated a brief statement issued by the apex court.
Meanwhile, NGO Campaign for Judicial Accountability and Reforms, whose patrons include retired SC judge P B Sawant, filed a complaint with CJI Khanna against the judge, seeking an in-house inquiry and suspension of his judicial work. A strong institutional response is needed as his speech creates doubts about the independence and neutrality of judiciary, it said.
Senior advocate and Supreme Court Bar Association president Kapil Sibal appealed for the HC judge’s impeachment and sought the support of the PM, home minister and BJP MPs to support the process of impeachment.
In his speech, Justice Yadav reportedly said that the children of Hindus are always taught about being kind and non-violent, but such is not the case in the Muslim community. When there is one country and one Constitution, then why should not there be one law for all citizens, he said, supporting UCC.
He said many bad practices, which were earlier prevalent among Hindus, such as Sati and female foeticide, have been done away with, and Muslims should also take steps to stop the practice of triple talaq and polygamy.
Justice Yadav then said, “I have no hesitation in saying that this is Hindustan, this country will function as per the wishes of the ‘bahusankhyak (majority)’ living in Hindustan. This is the law… You cannot say that you are saying this being a high court judge. The law works according to the majority, look at the functioning of family or society, it is the majority which decides.”
In its complaint to the CJI, CJAR said, “Such communally charged statements at a public event, by a sitting judge of HC, 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.”
