The Chief Justice of India CJI Sanjiv Khanna has asked for a fresh report from the Allahabad High Court. The report is requested in reference to the anti-Muslim remarks made by Justice Shekhar Kumar Yadav during a VHP event.
The recent development comes three weeks after the Supreme Court Collegium summoned Allahabad High Court Judge Shekhar Yadav. On December 17, the Collegium led by CJI Khanna met with Justice Yadav to seek an explanation for his comments.
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Reports say Yadav said the media distorted his comments as he made them in the context of defending the enactment of the uniform civil code. According to reports, the Collegium told him that he could have avoided the comments, which were made casually, and were not in sync with the dignity of his office.
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But what’s concerning is, since the meeting with the Supreme Court Collegium, Justice Yadav has remained adamant. Reports also suggest that Yadav has neither provided an apology nor any explanation over his statements.
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Following the meeting with Justice Yadav, CJI Khanna informed the full Supreme Court about the matter. The recent move by the CJI is seen as an initial step towards initiating an in-house inquiry regarding the alleged misconduct of a judge.
According to the Indian Express, Chief Justice Sanjiv Khanna has reached out to Allahabad High Court Chief Justice Arun Bhansali. He further requested a Fresh report in connection to the incident.
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Well, all this began during a Vishwa Hindu Parishad event. The event was held on December 08. Here, Justice Yadav made controversial and derogatory remarks against Muslims.
Justice Yadav used derogatory terms and said that Muslim children could not be expected to be “tolerant” and “generous” as they are exposed to violence “the slaughter of animals” from a young stage.
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In contrast, Yadav added, Hindus were taught about kindness from an early age and their children had non-violence and tolerance ingrained in them. Referring to the Hindu community, he also said that India would function only as per the wishes of the “majority”.
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Following his comments, 55 Members of Parliament (MPs) submitted a memorandum in December to the Rajya Sabha Secretary General seeking his removal for hate speech. The 21-page motion argued that his speech displayed bias against minorities.
Yadav’s remarks drew immense backlash and an official statement from the Bar Association of India condemning it. The legal body said, “These remarks are contrary to the principle of secularism as enshrined in the Constitution of India.
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Furthermore, Uttar Pradesh chief minister Adityanath, defended Justice Yadav, saying he had spoken “the truth”. Similarly, the Allahabad High Court on Tuesday dismissed a public interest litigation (PIL) challenging the impeachment motion moved against its judge, Justice Shekhar Kumar Yadav.
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Questioning the locus of the PIL, a bench of Justices Attau Rahman Masoodi and Subhash Vidyarthi held that the plea was not maintainable The Court said “We do not see that the cause espoused in the present petition relates to any vulnerable section of people. Thus, on the touchstone of maintainability, the present PIL does not qualify the test for initiating proceedings”.
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The plea challenged the impeachment motion moved by Rajya Sabha MP Kapil Sibal and 54 other members of the Rajya Sabha. The 21-page motion, initiated by Rajya Sabha MP Kapil Sibal, said that the judge’s speech “prima facie showed evidence that he has targeted minorities and displayed bias and prejudice against minorities”.
The Supreme Court’s handling of complaints against judges follows a precedent. It was set in the 1995 case of C. Ravichandran Iyer vs. Justice A.M. Bhattacharjee. This case outlined the protocol for addressing allegations of misconduct against judges.
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This particular case dealt with allegations of financial misconduct against then-Bombay High Court Chief Justice A M Bhattacharjee. However, Justice Bhattacharjee resigned following the allegations, But the Supreme Court established a legal framework for such issues, stating that it would serve as a precedent for the future.
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According to the 1995 ruling, When a complaint involves a High Court judge, the Chief Justice of that High Court must conduct a confidential inquiry and consult with the Chief Justice of India. Hence, the current proceedings against Justice Yadav align with this established procedure.
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