– Abdul Bari Masoud
New Delhi: Justice Shekhar Kumar Yadav, a sitting judge of Allahabad High Court, has come under sharp criticism for a speech delivered at an event organised by VHP. The All India Lawyers Union (AILU) has strongly condemned his remarks and urged the President of India, the Chief Justice of India, and the Supreme Court to take remedial action and initiate proceedings against Justice Yadav.
AILU President and Rajya Sabha MP Bikas Ranjan Bhattacharya criticised the speech as being unconstitutional, calling it an affront to secularism and the independence of the judiciary, which are fundamental principles of the Constitution. He asserted that Justice Yadav’s remarks undermine judicial independence and violate the constitutional oath of office.
“The tone and tenor of his speech amount to hate speech against the Muslim minority in the guise of promoting majoritarian Hindu ideology. His statements were vicious, vitriolic, and unbecoming of a sitting judge of a constitutional court,” Bhattacharya said. He further emphasised that democracy in India is not synonymous with majoritarianism, adding that Justice Yadav’s views align dangerously with the idea of a “Hindutva Rashtra.”
In his controversial 34-minute speech on December 8 at Allahabad High Court’s library hall, Justice Yadav made several contentious comments, asserting that India should function according to the wishes of the “majority”. He stated, “The law works according to the majority. Be it in the context of the family or society, only what benefits the welfare and happiness of the majority will be accepted.”
P.V. Surendranath, Senior Advocate and AILU General Secretary, also criticised the speech, pointing to flaws in the collegium system for judicial appointments. He highlighted the need for an independent constitutional mechanism for selecting and appointing judges to safeguard judicial independence and ensure accountability.
“This incident underscores the weaknesses of the collegium system in addressing judicial misdemeanours and protecting the judiciary’s independence. There is an urgent need for a constitutional, autonomous institution involving all stakeholders for the selection and appointment of judges,” Surendranath stated.
In light of these developments, AILU has appealed to President Droupadi Murmu, Chief Justice Sanjiv Khanna, and the Supreme Court to take immediate steps to address the matter and initiate proceedings against Justice Shekhar Yadav for his unconstitutional remarks.
