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CJAR Demands In-House Inquiry against Justice Shekhar Yadav for Hate Speech, Code of Conduct Violation

The Campaign for Judicial Accountability and Reforms (CJAR) has urged the Chief Justice of India to initiate an in-house inquiry and take appropriate action against Justice Shekhar Kumar Yadav, a sitting judge of Allahabad High Court. In a letter, CJAR accused Justice Yadav of judicial impropriety, breaching his judicial oath, and violating the code of conduct for judges.

According to the letter, Justice Yadav attended an event organised by the Vishwa Hindu Parishad (VHP), an organisation known for opposing constitutional values. During this event, he allegedly made direct and indirect attacks against India’s Muslim community, actions that CJAR described as gross judicial impropriety.

The letter highlighted one of Justice Yadav’s statements during the event:

“I have no hesitation in saying that this is Hindustan; this country would function as per the wishes of the bahusankhyak (majority) living in Hindustan. This is the law. The law, in fact, works according to the majority. Look at it in the context of family or society… Only what benefits the welfare and happiness of the majority will be accepted.”

CJAR noted that such statements contradict constitutional ideals, particularly the judiciary’s role as a counter-majoritarian institution.

The letter also criticized Justice Yadav’s remarks about the Muslim community, describing them as “unpardonable and unconscionable slurs.” He allegedly stated that Muslim children lack tolerance because they witness the slaughter of animals, contrasting this with Hindu children, who are taught kindness and non-violence.

Regarding the Uniform Civil Code, Justice Yadav reportedly claimed that while Hindu scriptures honour women as goddesses, Muslims engage in practices such as polygamy, Halala, and Triple Talaq. He further declared, “Where the cow, the Gita, and the Ganga define the culture, where every home has an idol of Harbala Devi, and every child is Ram – such is my country.”

CJAR argued that both Justice Yadav’s participation in the VHP event and his statements violated Articles 14, 21, 25, and 26 of the Constitution, as well as its Preamble. The organisation stated that his remarks undermined secularism, equality before the law, and public trust in the judiciary’s impartiality.

The letter pointed out that Justice Yadav’s conduct breached the ‘Restatement of Values of Judicial Life,’ adopted by the Supreme Court in 1997, which governs the behaviour of High Court and Supreme Court judges. It called for immediate withdrawal of all judicial work from Justice Yadav, pending the completion of the in-house inquiry.

CJAR’s executive committee, including prominent members such as Prashant Bhushan (Convenor), Nikhil Dey, Anjali Bhardwaj, and Apar Gupta, underscored the urgent need for action to uphold the judiciary’s integrity and impartiality.

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