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Synopsis

In a significant move, the Bar Association of India on Tuesday, December 10, condemned remarks made by Justice Shekhar Kumar Yadav of the Allahabad High Court in a resolution passed during an emergency executive meeting.

During the meeting, which was held virtually, the Bar Association said, "These remarks are contrary to the principle of secularism as enshrined in the Constitution of India, in flagrant violation of the oath of office of a judge of Constitutional Court and strike at the very foundation of a fair and unbiased judiciary which sustains the Rule of Law".

This development comes after Justice Shekhar Kumar Yadav delivered a lecture at an event organized by the Vishva Hindu Parishad’s (VHP) legal cell in the Library Hall on the High Court premises.

During his address at the event on the subject of "Constitutional Necessity of Uniform Civil Code",  Justice Yadav stated "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".

In addition to this, Justice Yadav without naming any community also stated that "not everybody from this community is bad, but [derogatory terms] are fatal for the country. You shouldn't let this desire inside you die down...otherwise, it won't take very long for it to become Bangladesh and Taliban. It is important to publicise it among people that they should recognise themselves and their religion".

In light of these remarks, the Bar Association of India emphasised that such remarks by a sitting judge not only negate the dignity and propriety expected of judicial conduct but also directly question the impartiality and integrity of the judge. The association also emphasised that these comments further bring the institution of the judiciary into disrepute.

Expressing concerns about the remarks made, the Bar Association pointed out that the judge chose to abandon the basic self-restraint and caution expected of a judicial officer, adding that judges are expected to refrain from sharing their views publicly on laws that the legislature may pass, as it might give rise to a perception of bias.

Furthermore, the Bar Association strongly criticised the Allahabad High Court for allowing such an event to be organised on the court compound by an organisation which is not a Bar Association, said, "It has the potential to create a false impression that the views expressed in the event have the institutional sanction. It is urged that the High Court should publicly disassociate itself from any connection with the holding of this event and views expressed there".

While referencing the Bangalore Principles of Judicial Conduct, 2002 which outline how members of the judiciary are likely to conduct themselves, the Bar Association of India also noted that statements such as these seem to be indicative of a larger trend, where judges who make such remarks later enter local politics.

Notably, the Supreme Court of India today took note of the newspaper reports of a speech given by Justice Shekhar Kumar Yadav, a sitting judge of the High Court of Judicature at Allahabad on Sunday, December 8, 2024. The court accordingly called for details and particulars from the High Court and the matter is under consideration, according to official sources.