The judge appeared before the collegium headed by Chief Justice Sanjiv Khanna.
New Delhi:
Allahabad High Court judge Shekhar Kumar Yadav, who purportedly gave controversial statements at a Vishwa Hindu Parishad function, appeared before the Supreme Court collegium on Tuesday, sources said.
According to the sources, Yadav appeared before the collegium headed by Chief Justice Sanjiv Khanna and was asked to put forth his version on the statements made.
The top court on December 10 took note of news reports over the statements and sought a report from the Allahabad High Court on the issue.
“The Supreme Court has taken note of newspaper reports of a speech given by Mr Justice Shekhar Kumar Yadav, a sitting judge of the High Court of Judicature at Allahabad. The details and particulars have been called from the high court and the matter is under consideration,” an official statement had said.
According to the established norm, a judge, against whom a report is sought by the apex court collegium on any controversial issue from the high court concerned, is given opportunity to put forth his or her version before the top court collegium headed by the chief justice of India.
At a VHP event on December 8, among other things, Justice Yadav said the main aim of the uniform civil code was to promote social harmony, gender equality and secularism.
He was addressing a provincial convention of the legal cell and high court unit of the VHP at the Allahabad HC.
The following day, videos of the judge speaking on provocative issues, including the law working according to the majority, were circulated widely on social media, prompting strong reactions from several quarters, including opposition leaders who questioned his reported statements, labelling it as “hate speech”.
Convenor of Campaign for Judicial Accountability and Reforms, an NGO, advocate Prashant Bhushan had written to CJI Sanjiv Khanna seeking an “in-house enquiry” into the conduct of the Allahabad HC judge.
Bhushan said the judge breached judicial ethics and violated the constitutional principles of impartiality and secularism.
According to Bhushan, the remarks undermined the judiciary’s role as a neutral arbiter and eroded public trust in its independence.
“A strong institutional response is needed to restore public faith in the judiciary,” the letter said, “we call upon your office sir (the CJI) to restore the faith of the people in the institution of judiciary by immediately setting up an in-house committee to enquire into acts of judicial impropriety by Justice Yadav and by withdrawing all judicial work from Justice Yadav”.
On December 8, CPI(M) leader Brinda Karat wrote to the CJI calling the judge’s speech a violation of his oath, saying “no place for such persons in a court of justice”.
Karat sought action from the apex court on the issue.
Similarly, the Bar Association of India passed a resolution condemning the statements of the high court judge.
“The Bar Association of India calls upon the judge to retract his statements and tender a suitable apology for his remarks and urges the Chief Justice of India and companion judges of the Supreme Court to deal with this issue in a stern and emphatic manner. It also emphasises that events conducted by organisations not concerned with the administration of justice as a matter of principle should not be permitted on any court premises,” it said.
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