Abdul Bari Masoud | Clarion India
NEW DELHI – Justice Shekhar Kumar Yadav of the Allahabad High Court is a ‘disgrace’ to the judicial system, and immediate action should be taken against him for his derogatory remarks against Muslims, Brinda Karat, former MP and Polit Bureau member of the Communist Party of India (Marxist), has said.
In a letter to the Chief Justice of India on Monday, Brinda Karat expressed grave concerns over Justice Yadav’s speech at a Vishwa Hindu Parishad (VHP) event in Prayagraj on Sunday.
The letter highlights the implications of Justice Yadav’s remarks which undermine the principles of judicial impartiality and constitutional values.
In her letter, Karat stated that the judges take their oath on the Constitution of India but Justice Yadav’s speech was a violation of that oath and an assault on the Constitution.
“This speech is a hate speech. This speech is an affront to the collective conscience of a secular and democratic country. That it should have been made by a justice of the Allahabad High Court is also an assault on the processes of justice. No litigant can hope for justice in a court in which a member holds such a biased, prejudiced, publicly expressed opinion against the minority community and in favour of a majoritarian approach,” she added.
Calling Justice Yadav a disgrace to the bench, to the court, to the judicial system as a whole, the former MP said that there can and should be no place for such persons in a court of justice.
She extensively quoted Justice Yadav’s speech in her letter.
“The VHP meeting was to discuss several issues including the Uniform Civil Code, the Waqf Amendment Bill, and religious conversions. It is well known that these are issues on which communal campaigns are being run including by the VHP.… Should members of the judiciary comment publicly on matters that are sub-judice or are being discussed in the legislatures?”
Karat said the most important is the actual speech made by Justice Yadav. He said: “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,” Justice Yadav said.
Justice Yadav further said: “Lekin yeh jo kathmullah hai jo…yeh sahi shabd nahi hai…lekin kehne mein parhez nahi hai kyunki woh desh ke liye bura hai…desh ke liye ghatak hai, khilaaf hai, janta ko bhadhkane wale log hai…desh aage na badhe is prakar ke log hai…unse saavdhaan rehne ki zaroorat hai (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),”
He said: “In our country, we are taught from a young age to respect all living beings, even the smallest animals, and to avoid harming them. This lesson becomes a part of who we are, which is perhaps why we are more tolerant and compassionate, feeling pain when others suffer. But this isn’t the case for everyone. In our culture, children are raised with guidance towards God, taught Vedic mantras, and instilled with the values of non-violence. However, in some other cultures, children grow up witnessing the slaughter of animals, which makes it difficult to expect them to develop tolerance and compassion.”
And again:
“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.”
“Whether you are an advocate, a businessman, or a student, your identity as a Hindu comes first. Anyone who considers this land their mother and themselves as its child is a Hindu. Vivekananda also believed that only a Hindu has the potential to make this country a global leader, and no one else can do so. Never let this aspiration fade.”
“He ended his lecture by saying that while Hindus are known for their non-violence and kindness, it should not be mistaken for cowardice.”
Karat urged the CJI that the country would no doubt be grateful for action from the highest court on this issue.
