SC takes cognisance of Justice Yadav’s remarks at VHP event; seeks report from Allahabad HC

Taking a judicial note of the conduct of Justice Shekhar Kumar Yadav of the Allahabad High Court over his speech at a Vishwa Hindu Parishad (VHP) event in which he allegedly endorsed the Uniform Civil Code (UCC) and made certain controversial remarks against Muslims, the Supreme Court on Tuesday called for details from the 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 (sic),” an official statement issued by the top court said.

Earlier, alleging breach of judicial ethics and constitutional principles of impartiality and secularism by justice Yadav, Supreme Court lawyer and convenor of Campaign for Judicial Accountability and Reforms Prashant Bhushan wrote to Chief Justice of India (CJI) Sanjiv Khanna seeking an “in-house enquiry” into his conduct.

In a purported video of his speech widely circulated on social media, Justice Yadav can be seen saying that the law should work according to the majority.

Reacting to Justice Yadav’s remarks, Congress, Samajwadi Party, TMC, Shiv Sena (UBT) and AIMIM’s leaders had urged CJI Khanna to take cognisance of the matter. CPI(M) leader Brinda Karat had written to the CJI demanding action against Justice Yadav for his comment that the country will function according to the wishes of the majority.

In his speech on Sunday, Justice Yadav had reportedly said that the main aim of the UCC was to promote social harmony, gender equality and secularism.

“The main objective of the Uniform Civil Code is to promote social harmony, gender equality and secularism by eliminating unequal legal systems based on different religions and communities,” a VHP release quoted him as having said.

“A Uniform Civil Code refers to a common law that applies to all religious communities in personal matters such as marriage, inheritance, divorce and adoption,” Justice Yadav had said.

On September 20, taking suo motu cognisance of media reports on controversial remarks made by Justice Vedavyasachar Srishananda of the Karnataka High Court that a particular (Muslim-dominated) area of Bengaluru was in Pakistan, the Supreme Court had sought a report from the Registrar General of the high court.

However, five days later, a five-judge Bench led by the then CJI DY Chandrachud had closed the suo motu proceedings on the remarks made by Justice Vedavyasachar Srishananda after he expressed regret over his controversial remarks.