The Supreme Court has sought a report from the Allahabad High Court detailing Justice Shekhar Kumar Yadav’s controversial remarks about Muslims at an event organised by the Vishva Hindu Parishad, reported Live Law.
“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 top court stated. “The details and particulars have been called from the High Court and the matter is under consideration.”
Speaking at a Vishwa Hindu Parishad event on Sunday, Yadav said that India would be run as per the wishes of its Hindu majority. He also uttered a slur used for Muslims who have been circumcised and described the community as “harmful to the country”.
“They are the kind of people who do not want the country to progress and we need to be cautious of them,” Yadav, a sitting High Court judge, said. He added that India would soon adopt a Uniform Civil Code – a common set of laws governing marriage, divorce, succession and adoption for all citizens.
Critics have questioned the appropriateness of the Allahabad High Court allowing a programme by a Hindutva organisation on its premises and the decision of a sitting judge to participate.
On Sunday, Yadav said that Hindu scriptures regard women as goddesses, while some people from “a particular community” continue to practice polygamy, Halala and Triple Talaq.
Scroll looked at several of his orders over the last three-and-a-half years and found that Yadav has a pattern of referring to Hindutva talking points. In his judgements, he has suggested that the state should honour the cow as well as Hindu gods, referred to conspiracy theories about religious conversions and accused people of making false complaints under the Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act.
In Sunday’s speech, Yadav claimed that children from “one community”, implying Hindus, are taught values like compassion and non-violence, while those from “another community”, implying Muslims, were exposed to animal slaughter and lack tolerance.
The remarks have sparked demands for Yadav's impeachment, with some critics calling for his judicial work to be suspended. Videos of his speech were widely circulated on social media, prompting strong reactions from Opposition parties, which described the statements as “hate speech”.
Kapil Sibal seeks Yadav’s impeachment
On Tuesday, Kapil Sibal, Rajya Sabha MP and president of the Supreme Court Bar Association, stated that Yadav had violated his oath of office by uttering hate speech, reported PTI.
He also said that along with other Opposition MPs, he will soon submit a notice to impeach the High Court judge.
“If he is violating the oath of office he has no right to sit on that chair,” Sibal said at a press conference. “If a High Court judge can make a speech like this then the question arises how do such people get appointed in the first place.”
He added: “The question also arises how do they get the courage to make such remarks. Question also arises why these things are happening in the last 10 years.”
Sibal stated that he was not speaking in the capacity of the president of the bar association but as a “citizen of this country, who believes in the Constitution, rule of law and who believes passionately in the independence of the judiciary”, reported Bar and Bench.
Not apologetic, says VHP chief
Meanwhile, Vishva Hindu Parishad chief Alok Kumar told PTI that while he was not aware of the exact remarks made by Yadav at the Prayagraj event, he “would not be apologetic” even if the judge had said that India would run as per the majority.
“We had invited the judge to speak on the Uniform Civil Code,” Kumar told the news agency. “I would not be able to authenticate those views of his, but then the sentiments and emotions of the majority society deserve as much respect as the sensitivities of the minority.”
He said that there should be “mutual tolerance for others' sensitivities”, without which, “there cannot be any integration”.
“So, I would not be apologetic about it if he [Yadav] said so,” said Kumar. “If a majority holds a particular view, then others should not make an issue of it.”
Also read: HC judge who gave communal speech at VHP event has frequently referenced Hindutva in his judgements
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