AIMPLB Urges Political Parties To Act Against Allahabad HC Judge’s 'Communal' Remarks

The AIMPLB, in its representation, alleges that the speech, delivered under the guise of constitutionalism, was in fact communal in nature, undermining the secular fabric of the Constitution and judicial neutrality.

“Twisted Understanding of Secularism”

According to the letter, the Board believes that Justice Yadav’s remarks reflected a partisan ideology, masked as a constitutional discourse. The statement asserts: “The Learned Judge appears to have not only forgotten the position that he commands but has also disregarded the fact that the concept of a secular State... has space within the constitutional setup, and that is the secularism in our country, and not the definition of secularism that the Learned Judge believes in, by giving a twisted and misdirected understanding coloured by the strong religious consciousness of his own belief.”

The Board alleges that Justice Yadav’s speech targeted the Muslim community and pushed a majoritarian view under the cloak of constitutional values, thereby compromising the Rule of Law and judicial impartiality.

Six Months of Silence, No Action Taken

The AIMPLB expressed disappointment over six months of “inaction” despite raising serious constitutional concerns. The Board believes that the political class has failed to act, and reminded all political parties that judicial neutrality is a non-negotiable pillar of the constitutional scheme.

“It is necessary that political parties/class take up this issue within the permissible procedure as stated in the Constitution of India,” the Board stated, hinting at possible parliamentary intervention under Articles 124(4) and 217 read with the Judges (Inquiry) Act, 1968, which govern judicial misconduct and impeachment processes.

Call to Uphold Constitutional Culture

The Board underscored that the Constitution of India does not permit a sitting judge to display partisan behaviour, especially in a diverse and pluralistic society like India.

“Diversity and inclusivity in our country does not permit a Judge to take sides as Justice Yadav has taken,” the letter cautioned, calling upon all political formations to treat the matter with the seriousness it demands in a constitutional democracy.

Background & Fallout

While the exact contents of Justice Yadav’s speech have not been officially released, the Board contends that his remarks compromised the secular ethos of the judiciary and sought to delegitimize religious practices followed by minorities, particularly Muslims, in the name of constitutional interpretation.

The letter, issued by Dr. Vaquar Uddin Latifi, Office Secretary of AIMPLB, concludes with an urgent appeal to political parties to initiate action through appropriate constitutional mechanisms to preserve public faith in judicial independence and secularism.

Previously

On 7 January, the Allahabad High Court, Lucknow Bench dismissed the Public Interest Litigation (PIL) petition challenging an impeachment motion initiated by Rajya Sabha MP Kapil Sibal and 54 other members seeking removal of Justice Shekhar Kumar Yadav.

The petition, moved by Advocate Ashok Pandey, had argued against the validity of the motion, calling it an attack on the constitutional right to freedom of speech and expression.

In December 2024, Members of the opposition in Rajya Sabha had submitted a notice to impeach Allahabad High Court Justice Shekhar Yadav for his remarks made at an event organized by the Vishva Hindu Parishad’s (VHP) legal cell in the Library Hall on the High Court premises.

Rajya Sabha MP and Senior Advocate Kapil Sibal said a notice to the Rajya Sabha Secretary General to impeach Allahabad High Court has been given.

The motion has been signed by several prominent figures, including Congress leaders P Chidambaram, Digvijaya Singh, Jairam Ramesh, Vivek Tankha, and Randeep Singh Surjewala; AAP’s Sanjay Singh and Raghav Chadha; TMC’s Saket Gokhale among others.

Bar Association of India has also condemned remarks made by Justice Shekhar Kumar Yadav of the Allahabad High Court in a resolution passed during an emergency executive meeting.

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".

Senior Advocate Kapil Sibal has also called for the impeachment of Justice Shekhar Kumar Yadav, criticizing the judge’s speech for its 'communal undertones' and urged members of the ruling government as well to support the move for his impeachment.

Campaign for Judicial Accountability and Reforms (CJAR) has also stepped into the fray, writing to the Chief Justice of India (CJI) and demanding an in-house inquiry against Justice Yadav. The organization described his speech as carrying “communal overtones” and accused him of making “unpardonable slurs against the Muslim community.” CJAR had further recommended the immediate withdrawal of judicial work assigned to Justice Yadav.

In a related move, the Supreme Court had taken note of the controversy, directing the Allahabad High Court to submit a detailed report on Justice Yadav’s remarks.

Here is a closer look at what he actually said.