The mainstream media has described his remarks as controversial, contentious, or unbecoming of a HC judge etc., but in reality they are nothing short of hate speech against the Muslims, and hence criminal in nature.
By Anil Kumar
10 Dec., 2024
Justice Shekhar Kumar Yadav, a sitting Judge of the Allahabad High Court, has created a major controversy with his remarks on Muslims, made at an event organised by the legal cell of a rightwing Hindutva outfit, the Vishwa Hindu Parishad (VHP), on December 8.
Justice Yadav was delivering a lecture on the topic, Uniform Civil Code: A Constitutional Necessity, where he forcefully asserted that the country would function according to the wishes of the majority (bahusankhayak) Hindus. He even used the term “kathmullah” (a derogatory slur commonly used by rightwing Hindutva trolls on social media platforms to refer to the Muslims in India) to describe the Muslims in India, held them ‘fatal’ for the country, and told people to be cautious of them.
Most shockingly he didn’t even leave the children out of his hate-spitting speech. He said that since Hindu kids are taught kindness from an early age, they have non-violence and tolerance ingrained in them, whereas Muslim children are exposed to violent “slaughter of animals” from an early age, hence they can’t be expected to be “tolerant” and “generous”. He commented that Hindus are tolerant and kind but this should not be mistaken as they are “cowards”.
The mainstream media has called his remarks as controversial, contentious, or unbecoming of a judge etc., but in reality they are nothing short of hate speech against the Muslims, and hence criminal in nature. They are more alarming than shocking. They were uttered not in private but aired openly in public from the library hall of the Allahabad High Court; they were made not by some lower court judge but from a sitting judge of a Constitutional Court.
Below are some samples from his speech, quoted from reports by website Bar and Bench and The Wire.
- “I have no hesitation in stating that this is Hindustan, and this country will function according to the wishes of the majority living here. This is the law. It is not about speaking as a High Court Judge; rather, the law operates in accordance with the bahusankyak (majority). Consider this in the context of a family or society – only what ensures the welfare and happiness of the majority will be accepted”.
- “But these kathmullah… this may not be the right word… but I won’t hesitate to say it because they are harmful to the country…they are detrimental, against the nation, and people who incite the public. They are the kind of people who do not want the country to progress, and we need to be cautious of them)”.
- “Children in one community are taught the values of kindness and non-violence, and its people are raised to be tolerant. However, in another community, it would be difficult to expect tolerance from children, especially when they witness the slaughter of animals in front of them (referring to the Muslim community)”.
- “Did you imagine seeing the Ram Mandir with your own eyes? But you did see it. Many of our ancestors made sacrifices for it, in the hope of seeing Ram Lalla freed and witnessing the construction of a grand temple. They couldn’t see it but did their part and now we are witnessing it”.
- “I vow that this country will surely enact a uniform law, and it will happen very soon.”
These remarks by Justice Yadav are not a slip of tongue, but consciously and assertively articulated during a 34-minute speech delivered by him in the library hall of the Allahabad High Court. Various persons and organizations, including human right organization, lawyer’s body, and politicians have reacted sharply to his vicious, vitriolic and venomous remarks against the Muslim minority community and urged the Chief Justice of India to urgently look into the matter and take necessary action.
Letter to the CJI by PUCL, AILU and CJAR
People’s Union for Civil Liberties (PUCL) Uttar Pradesh has written an open letter to the Chief Justice of India (CJI) requesting withdrawal of judicial work from Justice Shekhar Kumar Yadav of Allahabad High Court. PUCL said Justice Shekhar’s statements are against the letter and spirit of the Indian Constitution and casts a shadow on the independence of the judiciary.
Apart from the glaring undignified statements, a viral video clipping shows that his general tone towards the Muslim community in his speech reeks of furthering a divide of us versus them rhetoric which again goes against the judicial ethics and at the same time is criminal in nature, stated the open letter.
Justice Yadav has stated that the law like society and family will function as per the “bahusankhyak” (majority) and goes on to use a slur for certain Muslim people “kathmulle” which PUCL said is unbecoming of a sitting judge from a High Court. PUCL said that the words used by Justice Shekhar Kumar Yadav against a section of the citizens of this country indicate his total lack of faith upon the Constitution of India which is the bedrock of our democracy, and added that if a judge lacks faith upon the Constitution then his integrity gets diluted and judicial discipline comes under the cloud.
The open letter ends with the request to CJI for immediate withdrawal of judicial work from Justice Shekhar Kumar Yadav and initiation of necessary steps including criminal charges against him for reinstating faith of people in the Indian judicial system.
The All India Lawyers Union (AILU) also wrote to the President and the CJI seeking action against Justice Shekar for his speech, which the union said “amounted to hate speech against the Muslim minorities”. His imputations and allegations against the Muslim minority are of vicious, vitriolic and venomous nature; most unbecoming of a sitting judge of a constitutional court- violation of the constitutional oath of office of a judge of the HC,” the AILU said.
The Campaign for Judicial Accountability and Reforms (CJAR) today (December 10) wrote to CJI Sanjiv Khanna over the speech he gave urging for an ‘in-house enquiry’ for initiating appropriate action against him for judicial impropriety, breaching his solemn oath as a judge, and violating the code of conduct for judges.
The letter by CJAR states that “Justice Yadav used unpardonable and unconscionable slurs against the Muslim community, bringing shame and disrepute to the High Office of a Judge of the Allahabad High Court, and the Judiciary as a whole“.
The letter highlighted the most shocking parts of the judge’s speech, while calling his communal slurs unpardonable: “Among other objectionable statements, he remarked that children in one community are taught the values of kindness and non-violence, and its people are raised to be tolerant. However, in another community, it would be difficult to expect tolerance from children, especially when they witness the slaughter of animals in front of them (referring to the Muslim community). He went on to say, “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.””
The CJAR said that Justice Jadav’s actions and beliefs, expressed in categorical words, raise serious questions about his fitness as a judge, and CJAR expressed that the conduct of Justice Yadav by attending the event and delivering the communal and discriminatory speech has “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.”
Brinda Karat, CPI (M) politburo member also requested the CJI to take action against the judge. “This speech is a hate speech. This speech is an assault on the Constitution,” she wrote in a letter to the CJI, adding that “there can and should be no place for such persons in a court of justice”.
Senior Advocate Rebecca John said, Justice Yadav’s speech “is an assault on the constitution and should be an impeachable offence”.
Ruhullah Mehdi, Member of Parliament (MP) from Srinagar, tweeted that he was moving an impeachment motion in the parliament for removal of Justice Yadav. AIMIM chief and Lok Sabha MP, Asaduddin Owaisi, in a post on X, said, “I have signed a notice seeking removal proceedings against Shekhar Yadav, judge of Allahabad High Court. The process was initiated by (Srinagar MP from National Conference) Ruhullah Mehdi. The judge’s behaviour violates constitutional norms, including the Supreme Court’s ‘Restatement of Values of Judicial Life’. The notice requires the signature of 100 Lok Sabha Members to be considered by the Speaker.”
I am moving impeachment motion in the Parliament in accordance with Art 124(4) of the constitution for the removal of this Justice namely Shekhar K Yadav, a sitting Judge in Hon’ble High Court of Judicature at Allahabad on the charges mentioned in the notice.
I need signatures of… pic.twitter.com/l3Ey4xioy9— Ruhullah Mehdi (@RuhullahMehdi) December 10, 2024
Justice Yadav took oath as an Additional Judge of the HC in December 2019. This, however, is not the first time that he has invited controversy over his ridiculous statements as a Constitutional Court judge. Live Law has reported his observations, sitting as an HC Judge that made headlines and sparked debate in the past. Here are a few examples.
In September 2021, while denying bail to a person accused of slaughtering a cow, Justice Yadav had observed that cow should be declared as national animal and that eating Cow-beef can’t be considered to be a fundamental right of any person. He further observed that it is a tradition in India to use ghee made of cow milk during yajna because “this gives special energy to sunrays, which ultimately causes rains“. The order passed by Justice Yadav also observed that scientists believed that cows are the only animal that inhales & exhales oxygen.
In October 2021, while granting bail to man booked for an FB post against Hindu God Rama & Krishna, he said that Lord Rama & Krishna reside in the heart of Indians, and opined that the Parliament should pass a law respecting/honoring Shri Rama, Shri Krishna, Gita, Ramayana, Maharishi Valmiki, and Maharishi Ved Vyas as they are part of India’s culture and tradition. He also added that Hindu religious books like the Gita, Ramayana, etc., must be made part of school courses.
Earlier, during the pandemic, he had praised PM Narendra Modi in one of his orders and urged him to postpone the UP assembly elections because of the threat of coronavirus.
But his utterances at the VHP program this time have crossed all limits, and should be called out and taken to task for indulging in hate speech against the minority community. Meanwhile, after the huge public outrage over his communal remarks, the Supreme Court announced today that it has taken note of his speech. “The details and particulars have been called from the High Court and the matter is under consideration,” said the apex court.
Now it is up to the CJI to see that an enquiry is held and appropriate action is taken against the Judge so as to maintain even the pretense of independence and neutrality of the higher judiciary in the eyes of average citizens of this country. This is more so, at times, when reeling under political pressure, the impartial conduct of each and every constitutional body in the country is suspect and under public scrutiny.
How and when the apex court acts in this matter will be keenly observed by the citizens.
(Views are personal)
The pdf copy of the open letters to the CJI are attached below.
Open letter to CJI on J Shekhar Yadav from PUCL UP