Team Clarion
NEW DELHI — Justice Shekhar Kumar Yadav of the Allahabad High Court has defended his remarks made at a Vishwa Hindu Parishad (VHP) event in Prayagraj targeting Muslims, asserting that they align with constitutional values and do not violate judicial conduct norms.
The Supreme Court Collegium, led by Chief Justice Sanjiv Khanna, had summoned Justice Yadav over the controversy surrounding his statements.
In a letter to Allahabad High Court Chief Justice Arun Bhansali, Justice Yadav argued that his comments were being misrepresented by individuals with vested interests. He emphasised that the judiciary, often unable to publicly defend itself, requires support from senior members of the judicial community.
The controversy arose from Justice Yadav’s speech on December 8 at an event organised by the VHP’s legal cell. He framed the Uniform Civil Code (UCC) as a Hindu-Muslim issue, stating that while Hindus had reformed their practices, Muslims had not.
Addressing concerns about the UCC, he remarked, “You have a misconception that if a law (UCC) is brought in, it will be against your Shariyat, your Islam and your Quran. But I want to say one more thing… whether it is your personal law, our Hindu law, your Quran or whether it is our Gita… We have addressed the ills… untouchability… sati, jauhar… female foeticide… Then why are you not doing away with this law… that while your first wife is there… you can have three wives… without her consent… That is not acceptable.”
In his speech, Justice Yadav said, “I have no hesitation in stating that Hindustan will function as per the wishes of the majority living here. This is the law. It is not about speaking like a High Court Judge; instead, the law works according to the bahusankyak (majority).”
He justified the remarks by saying it is important to refer to persons who are a “danger to the progress of the nation”.
“But these kathmullahs (derogatory term used for Muslims)…this may not be the right word…but I won’t hesitate to say it because they are the bad element in the country…they are against the nation…people who stir conflict. It is them that do not wish the country well and we have to beware of such people),” stated Yadav, stirring controversy.
Justice Yadav has not issued an apology for his remarks, stating that they reflect his thoughts on societal issues and were not intended to incite hatred. He asserted that such discussions are in line with constitutional values.
Additionally, the letter seeking his response referenced a complaint about his judicial order on cow protection. Defending his stance, Justice Yadav stated, “Supporting legitimate and rightful sentiment in favor of cow protection cannot be read as violating the principles of justice, fairness, integrity, and impartiality.” He further contended that cow protection reflects a society’s culture and is recognised under the law.