HC judge’s speech sparks massive political uproar
Video clips of justice Shekhar Kumar Yadav speaking at the regional convention of the Vishwa Hindu Parishad’s legal cell in Prayagraj on the Uniform Civil Code on Sunday went viral on social media and were widely reported, sparking a row.
A controversial speech by a sitting Allahabad high court judge sparked a political row on Monday as Opposition parties urged Chief Justice of India Sanjiv Khanna to take cognisance of the issue even as the organisers of the event defended the proceedings.
Video clips of justice Shekhar Kumar Yadav speaking at the regional convention of the Vishwa Hindu Parishad’s legal cell in Prayagraj on the Uniform Civil Code on Sunday went viral on social media and were widely reported, sparking a row.
In the video clips, justice Yadav could be heard making a number of controversial comments about majority rule in India and the Muslim community, and allegedly used slurs. HT did not independently verify the authenticity of the video clips. “This is Hindustan, and this country would function as per the wishes of the “bahusankhyak”,” he allegedly said.
Opposition MPs, including Trinamool Congress’s Mahua Moitra and All India Majlis-e-Ittehadul Muslimeen’s Asaduddin Owaisi, criticised the judge. The Samajwadi Party and the Uttar Pradesh unit of the Congress urged CJI Khanna to take cognisance of the statements.
“This ‘speech’ can be easily rebutted, but it’s more important to remind his honour that the Constitution of India expects judicial independence & impartiality,” Owaisi said.
Delivering a lecture on the constitutional necessity of Uniform Civil Code at an event organised by the legal cell of the VHP, justice Yadav allegedly said, “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. You can’t say that you are saying this being a High Court Judge. 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.”
The judge could further be heard as purportedly saying: “You can’t disrespect a woman who has been recognised as a goddess in our Shastras and Vedas. You can’t claim the right to have four wives, perform Halala, or practice Triple Talaq. You say, we have the right to say ‘#tripletalaq,’ and not give maintenance to women. This right will not work. #UCC isn’t something that VHP, RSS, or Hinduism advocates... I am speaking here, among them... Not just saying. I am taking an oath that this country will definitely bring a single law, and it will bring it very soon.”
He allegedly said that only a Hindu could make this country a ‘Vishwa Guru’, and if that spirit died, it wouldn’t take long for this country to become like Bangladesh or Taliban. He also used a slur often used against Muslims on social media.
He could be heard purportedly saying that children in one community were taught the values of kindness and non-violence, but in another community, young people were growing up witnessing animal slaughter.
Justice Yadav currently serves as a judge of the Allahabad high court. Born on April 16, 1964, he graduated from Allahabad University in 1988 with a law degree. He enrolled as an advocate in 1990. He worked as an additional government advocate and standing counsel for Uttar Pradesh, and later took on the responsibilities of additional chief standing counsel. He also served as senior panel counsel for the Union of India. On December 12, 2019, justice Yadav was appointed as an additional judge of the Allahabad high court. He was confirmed as a permanent judge on March 26, 2021.
In October 2021, he urged the central government to introduce a law to honour Lord Ram, Lord Krishna, the Ramayana, the Mahabharata, the Bhagavad Gita and others.
In September 2021, he said that the government should bring a law to include cows within the scope of fundamental rights under Part III of the Constitution and enact strict laws to punish those who talk about harming cows.
In July 2021, while denying bail to a man accused of unlawfully converting a woman to Islam, he observed that there was no place for religious fanaticism, greed, or fear in the country, and if a person from the majority community converts to another religion after being insulted, then the country becomes weak, allowing destructive powers to benefit.
VHP legal cell’s Kshetriya Sanyojak Brijendra Singh, who was a key organiser, defended the event. He said views expressed by justice Yadav should be seen in their correct context. “Justice Yadav simply maintained that the UCC should be implemented in its entirety on all countrymen irrespective of their religion or faith,” he said.
Arvind Kumar Mishra of VHP’s legal cell said that justice Yadav was quoted out of context. “We will consult higher authorities and then will decide about taking any legal actions against those who misquoted him,” he said.
Other Opposition politicians criticised justice Yadav. Moitra urged the Supreme Court to take up the matter. “Sitting HC judge attends VHP function, says country will function as per Hindus. And we are celebrating 75 years of our Constitution! Supreme Court, Hon’ble CJI - suo motu cognisance anyone?” she said.
SP national spokesperson Abdul Hafiz Gandhi echoed her. “CJI Sanjiv Khanna must take cognisance of this incident and direct Justice Shekhar Kumar Yadav to act within the limits prescribed for the judiciary by the Indian Constitution.”
UP Congress spokesperson Surendra Singh Rajput said all judges should be loyal to the Constitution “I think the Supreme Court should take suo motu cognisance of it and, if possible, strict action must also be taken. The religion of the country is the Constitution and nothing else.”
The Bharatiya Janata Party (BJP) dismissed the controversy. “Everyone has the right to express his personal views. There is nothing wrong in it. That event was organised by lawyers of the Allahabad high court,” said BJP spokesperson Rakesh Tripathi.
(With agency inputs)
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