Read Time: 06 minutes

Synopsis

In a significant development, senior lawyer and Campaign for Judicial Accountability and Reforms (CJAR) convenor Prashant Bhushan has written to Chief Justice of India Sanjiv Khanna, urging an in-house inquiry into the conduct of Justice Shekhar Kumar Yadav of the Allahabad High Court. The call follows Justice Yadav’s participation in a Vishva Hindu Parishad (VHP) event, where his remarks on the Uniform Civil Code (UCC) have been criticized for allegedly breaching judicial ethics and constitutional principles.

Justice Yadav, addressing the VHP gathering, reportedly stated that the UCC aims to foster social harmony, gender equality, and secularism by eliminating disparate legal systems based on religion. "A Uniform Civil Code refers to a common law that applies to all religious communities in personal matters such as marriage, inheritance, divorce, adoption, etc.," he said.

In his letter, Bhushan alleged that the judge's remarks, which included controversial statements perceived as targeting the Muslim community, undermined the judiciary’s impartiality and neutrality. CJAR highlighted that Justice Yadav’s participation in a VHP event constituted judicial impropriety and breached the Restatement of Values of Judicial Life adopted by the Supreme Court in 1997.

The letter further accused Justice Yadav of making "unconscionable slurs" against the Muslim community, thereby bringing "shame and disrepute" to his judicial office. One contentious remark, Bhushan noted, involved contrasting cultural values, where Justice Yadav allegedly praised one community’s commitment to kindness and non-violence while implying divisive generalizations about others.

CJAR demanded the immediate suspension of Justice Yadav’s judicial responsibilities and the formation of a time-bound in-house committee to investigate the allegations. A strong institutional response is needed to restore public faith in the judiciary, the letter stated, emphasizing the constitutional imperative for judges to act as impartial arbiters.

Adding to the controversy, Communist Party of India (Marxist) leader Brinda Karat also penned a letter to the CJI, asserting that Justice Yadav’s remarks violated his judicial oath. Karat called for decisive action, stating, “There should be no place for such persons in a court of justice.”

Bhushan’s letter emphasized that the judiciary must remain a countermajoritarian institution committed to fairness and impartiality. It warned that Justice Yadav’s statements, made in a public forum and widely circulated, have cast doubts on the judiciary's independence. The judiciary's role as a neutral arbiter is critical, and any deviation from this erodes public trust in the institution, it said.

The NGO stressed the urgency of initiating a time-bound inquiry, noting that video recordings of the speech are publicly available. We call upon your office to restore the faith of the people in the judiciary by setting up an in-house committee to investigate acts of judicial impropriety, the letter concluded.