Utilized Inexcusable Phrases Against The Muslim Community: CJAR Files A Complaint Against Justice Shekhar Yadav’s Remark At The VHP Event
Last Updated on December 10, 2024 by Arti Kumari
In a letter to CJI Sanjiv Khanna today (December 10), the Campaign for Judicial Accountability and Reforms (CJAR) called for a “in-house inquiry” in order to take appropriate action against Justice Shekhar Kumar Yadav, the current judge of the Allahabad High Court, for his recent remarks at a Vishwa Hindu Parishad (VHP) event.
According to the CJAR, Justice Yadav’s actions by going to the event and giving the contentious speech have “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.”
Judge Yadav brought shame and disrepute to the High Office by using unpardonable and unconscionable slurs against the Muslim community,” the CJAR stated.
According to the CJAR letter, Justice Yadav’s statement and the rhetoric he used against the Muslim community amounted to judicial misconduct and breached Articles 12, 21, 25, and 26 of the Constitution as well as the Preamble.
His words and involvement in this right-wing rally both flagrantly violate our Constitution’s Articles 14, 21, 25, and 26 as well as the Preamble. They are discriminatory and go against our Constitution’s fundamental tenets of equality before the law and secularism.”
“A sitting High Court judge’s communally offensive remarks during a public event not only offend religious feelings but also seriously undermine public confidence in the fairness and integrity of the legal system. Additionally, such a remark is a flagrant betrayal of his judicial oath, which required him to impartially enforce the constitution and its principles.
Additionally, the letter emphasized that Justice Yadav’s actions violated the Supreme Court’s 1997 “Restatement of Values of Judicial Life,” which applies to judges of the Supreme Court as well as the High Court.
Justice Yadav was accused of violating the following principles:
(1) Justice must not only be carried out, but it must also be perceived as such. Members of the higher judiciary must act in a way that reaffirms the public’s trust in the judiciary’s impartiality. Therefore, it is imperative to refrain from any action taken by a Supreme Court or High Court judge, whether in their official or private capacity, that undermines the legitimacy of this perception.
(6)In keeping with the dignity of his position, the judge need to maintain a certain amount of distance.
(8)A judge is not allowed to publicly argue or voice his opinions on political issues or issues that are ongoing or likely to come up for judicial decision-making.
(16)Judges must always be aware that they are in the public eye and should never do anything that is disrespectful to the lofty position they hold or the public respect they enjoy.
It has been specifically demanded by the CJAR that a “In-house Enquiry” be established against Justice Yadav and that his judicial duties be suspended.
The unequivocal statements made by Justice Yadav regarding his views and actions cast doubt on his suitability as a judge, especially in a constitutional court like the Allahabad High Court. In light of these startling and extraordinary circumstances, we are requesting that you form a “in-house enquiry committee” to look into Justice Shekhar Kumar Yadav’s speech and to take the necessary steps.
The statements made by Justice Yadav reveal his incapacity to carry out his judicial duties in a fair, impartial, and neutral manner. We therefore request that all judicial work be immediately pulled from Justice Yadav, until the conclusion of the in-house committee.
