The plea follows the Allahabad High Court judge’s defiant reaffirmation of his anti-Muslim stance
Team Clarion
NEW DELHI – Thirteen senior advocates have approached Chief Justice of India Sanjiv Khanna urging immediate action against Justice Shekhar Kumar Yadav of the Allahabad High Court for his anti-Muslim remarks.
In a letter to Chief Justice Khanna on Friday, the lawyers urged him to direct the Central Bureau of Investigation to lodge a First Information Report (FIR) against the judge after taking suo motu notice of communal comments he made at an event organised by the Vishwa Hindu Parishad (VHP) on December 8.
The plea follows Justice Yadav’s defiant reaffirmation of his stance, despite facing widespread condemnation for his comments.
The petition, addressed to the Chief Justice through the Secretary General of the Supreme Court and copied to other senior judges, including Justices BR Gavai, Surya Kant, Hrishikesh Roy and AS Oka, was signed by senior advocates Indira Jaising, Aspi Chinoy, Navroz Seervai, Anand Grover, Chander Uday Singh, Jaideep Gupta, Mohan V. Katarki, Shoeb Alam, R. Vaigai, Mihir Desai and Jayant Bhushan.
Justice Yadav used derogatory terms like “kathmulla” and made divisive comments about Muslims, claiming they were unable to be “tolerant” due to exposure to violence. He also endorsed a uniform civil code and promoted a majoritarian view of governance, stating that India should be run by the “bahusankhyak” (majority).
The advocates said the judge violated judicial impartiality, adding that his speech spread hate rather than contributing to an academic or legal discussion.
In their letter, the lawyers warned that Justice Yadav’s remarks not only insulted the religious sentiments of Muslims but also fuelled enmity between communities, violating several constitutional provisions, including Articles 14, 21, 25, and 26.
The judge had openly aligned himself with one religious community while painting the other in a deeply derogatory light, they observed.
Justice Yadav has rejected the allegations, saying his comments were interpreted out of context. He had earlier met with the Supreme Court Collegium judges.
“Justice Yadav’s speech has imprints of multiple offences described under Sections 196 and 302 of the Bharatiya Nyaya Sanhita (BNS). The speech not only wounds the religious feelings of Muslims, as defined under Section 302 of the Sanhita, but it also has the undertones of promoting enmity (Section 196) between different groups on grounds of religion,” the letter, circulated via email, said.
The letter emphasised the need for an impartial investigation, independent of state influence, to uphold the integrity of the judiciary.
