Justice Shekhar Kumar Yadav – Artifex.News https://artifex.news Stay Connected. Stay Informed. Tue, 10 Dec 2024 09:24:12 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.1 https://artifex.news/wp-content/uploads/2023/08/cropped-Artifex-Round-32x32.png Justice Shekhar Kumar Yadav – Artifex.News https://artifex.news 32 32 Vishwa Hindu Parishad Chief On Judge’s “Majority” Remark https://artifex.news/im-not-apologetic-vishwa-hindu-parishad-chief-on-judges-majority-remark-7214400rand29/ Tue, 10 Dec 2024 09:24:12 +0000 https://artifex.news/im-not-apologetic-vishwa-hindu-parishad-chief-on-judges-majority-remark-7214400rand29/ Read More “Vishwa Hindu Parishad Chief On Judge’s “Majority” Remark” »

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Lucknow:

Vishva Hindu Parishad chief Alok Kumar on Tuesday rejected opposition criticism of Allahabad High Court judge Shekhar Yadav for attending and speaking at a VHP event in Prayagraj, and asserted such “awareness meets” would continue to be organised.

Justice Yadav spoke on the Uniform Civil Code and other issues during a provincial convention of the VHP’s Legal Cell and High Court Unit on Sunday. The videos of him speaking at the event, where he also reportedly said the law should work according to the majority, were circulated widely triggering a strong reaction from opposition parties.

Mr Kumar, who is VHP’s international president, said on Tuesday he was not present at the Prayagraj meeting, but was certainly aware of the deliberations.

“We had invited the judge as a faculty to speak on the Uniform Civil Code. We work among former judges, invite them to work for the VHP, for Hindutva. But as far as sitting judges are concerned, we do not expect them or invite them to work for the VHP. Sometimes on topics like the UCC, we do invite them to enlighten us,” Mr Kumar told PTI on the phone.

“So, on the issue of UCC, the HC judge said at the meet it was a Constitutional mandate under the Directive Principles of State Policy. He said it should be expected that the directives should be adhered to by elected representatives. He referred to various SC judgments that insisted the governments should evolve a UCC and said that the UCC would be good for complete integration of society and unity of India,” Mr Kumar said.

The VHP leader, however, said he was not aware of the exact nature of the comments on “majority” attributed to the High Court judge, but “I would not be apologetic” even if the HC judge has said so about majority having a say in how the laws should work.

“We had invited the judge to speak on the UCC. I would not be able to authenticate those views of his, but then the sentiments and emotions of the majority society deserve as much respect as the sensitivities of the minority,” Mr Kumar said.

“For example, our respect for cows. They may or may not respect cows. Now we cannot force everyone to respect cows. But then, considering our sensitivities, others may not insist on cow slaughter… (and) if they have certain sensitivities on certain subjects, they should be respected.

“Islam in India is technically a minority, but considering their good numbers, they are a second majority in India. So, unless we develop mutual respect, if not respect, then mutual tolerance for others’ sensitivities, there cannot be any integration,” the VHP leader said.

“So, I would not be apologetic about it if he (the HC judge) said so. If a majority holds a particular view, then others should not make an issue of it,” he said.

Asked further about inviting a sitting judge at the event, Mr Kumar said, “We ask our legal cell to organise awareness sessions or meetings inviting advocates in big numbers to advocate on issues like liberation of Hindu temples, provisions and amendments of the Waqf Act, and on UCC. So there would be meetings everywhere.”

“We will invite former judges to speak on those aspects,” the VHP chief told PTI.

Mr Kumar’s reference to “former judges” possibly gave away that, at least for now, given the controversy the Prayagraj event stirred up, sitting judges might not feature in such VHP events.

Meanwhile, lawyer and activist Prashant Bhushan wrote to Chief Justice of India Sanjiv Khanna seeking an “in-house enquiry” into the conduct of Justice Yadav. In the letter, Bhushan said Justice Yadav delivered a speech endorsing the Uniform Civil Code (UCC) while making controversial remarks perceived as targeting the Muslim community.

In September 2021 also, Justice Shekhar Yadav made some observations on cows while hearing a case on their slaughter.

“Cows should be declared the national animal, and cow protection should be kept as a fundamental right of Hindus because when the culture and faith of the country are hurt, the country becomes weak,” he had said.

He said the cow occupies an important place in Indian culture. “The great importance of the cow has been shown in the Indian Vedas, Puranas, Ramayana, etc. For this reason, cow is the basis of our culture.” The VHP chief also said he was not aware of other comments attributed to the High Court judge, including about how Hindu children were more tolerant than those from other faiths.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



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High Court Judge Says Law Works According to Majority, A Owaisi Reacts https://artifex.news/asaduddin-owaisi-justice-shekhar-yadav-high-court-judge-says-law-works-according-to-majority-a-owaisi-reacts-7206000rand29/ Mon, 09 Dec 2024 07:04:50 +0000 https://artifex.news/asaduddin-owaisi-justice-shekhar-yadav-high-court-judge-says-law-works-according-to-majority-a-owaisi-reacts-7206000rand29/ Read More “High Court Judge Says Law Works According to Majority, A Owaisi Reacts” »

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Asaduddin Owaisi said the Constitution of India is not a majoritarian but a democratic one

New Delhi:

An Allahabad High Court judge’s remarks at an event organised by the Visva Hindu Parishad have sparked a massive row, with AIMIM leader Asaduddin Owaisi questioning how a minority party can expect justice from such a judge.

Justice Shekhar Kumar Yadav delivered a lecture on the Constitutional Necessity of a Uniform Civil Code in Prayagraj yesterday. The event was organised by the legal cell of Vishva Hindu Parishad. In remarks that have since triggered a controversy, the judge said the law in the country works according to the majority.

“I have no hesitation in saying that this is Hindustan, this country would function as per the wishes of the bahusankhyak (majority) living in Hindustan. This is the law. You can’t say you are saying this being a High Court Judge. The law works according to the majority. Look at it in the context of family or society…Only what benefits the welfare and happiness of the majority will be accepted,” he said, according to Live Law.

Criticising the judge, Hyderabad MP Owaisi said the Constitution of India expects independence and impartiality of its judiciary.

“The VHP was banned on various occasions. It is associated with RSS, an organisation that Vallabhai Patel banned for being a ‘force of hate and violence’. It is unfortunate that a High Court judge attended the conference of such an organisation. This ‘speech’ can be easily rebutted, but it’s more important to remind his honour that the Constitution of India expects judicial independence and impartiality,” the AIMIM chief posted on X.

A barrister, Mr Owaisi said the Constitution of India is not a majoritarian but a democratic one. “In a democracy, the minority’s rights are protected. As Ambedkar put it ‘…as a King has no Divine Right to rule, so also a majority has no Divine Right to rule’.

“This speech indicts the collegium system and raises questions on judicial impartiality. How can a minority party expect justice before someone who participates in VHP’s programs?” he added.

During the lecture, Justice Yadav also said that while practices such as sati had been abolished in Hinduism, the Muslim community continues to permit the practice of having multiple wives.

“You can’t claim the right to have four wives, perform Halala, or practice Triple Talaq… UCC isn’t something that VHP, RSS, or Hinduism advocates. The country’s top court also talks about it… I am taking an oath that this country will definitely bring a single law, and it will bring it very soon,” he said.





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