Letter
AILAJ Writes to CJI Demanding Action Against Allahabad Judge Shekhar Kumar Yadav for Communal-Hate Speech
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Complaint against Jst Shekhar Kumar Yadav.pdf (203.09 KB) 203.09 KB
In a letter dated December 10, 2024 to Chief Justice of India Sanjiv Khanna, All India Lawyers’ Association for Justice (AILAJ) has called for immediate action against Jst. Shekhar Kumar Yadav, Allahabad High Court, for his open bigotry, prejudice and unconstitutional conduct unbecoming of a judge of the High Court.  On December 8th 2024 Jst. Shekhar Kumar Yadav, a sitting judge of the Allahabad High Court, delivered a lecture on the “Constitutional Necessity of Uniform Civil Code” in an event organised by
In a letter dated December 10, 2024 to Chief Justice of India Sanjiv Khanna, All India Lawyers’ Association for Justice (AILAJ) has called for immediate action against Jst. Shekhar Kumar Yadav, Allahabad High Court, for his open bigotry, prejudice and unconstitutional conduct unbecoming of a judge of the High Court. On December 8th 2024 Jst. Shekhar Kumar Yadav, a sitting judge of the Allahabad High Court, delivered a lecture on the “Constitutional Necessity of Uniform Civil Code” in an event organised by the legal cell of the Vishva Hindu Parishad (VHP) in Prayagraj, Uttar Pradesh. Video snippets of his lecture, and reportage on the event, reveal several statements made by the judge which are unbecoming of a judicial officer of a Constitutional Court. In the speech in hindi at VHP event, which is not going viral on social media, Jst Shekar Kumar Yadav is heard saying that “I have no hesitation in saying that this is Hindustan, this country would function as per the wishes of the majority. This is the Law. You can say that you are saying this being a High Court Judge. The law works according to the majorit. Look at it in the context of family or society... What is majoritarian is accepted.” In the speech, the Allahabad judge also said “those we are discussing are not all bad. Even they don’t support things like having four wives or killing daughters. But there are extremists “kathmulla” —though it’s not a good word—and people who harm the country, who prevent progress, who incite others. We need to deal with such people.” AILAJ noted that the above statements of Jst. Shekhar Yadav are communal, Islamophobic and reflect a Hindu majoritarian viewpoint, mirroring that of the organisers of the event. It is shocking that a sitting Judge of the High Court, can utter such a derogatory and condemnable word like “kathmulla”. Jst. Shekhar Yadav displays a troubling disregard to his oath pledging allegiance to the Constitution. These statements fall foul of the “Bangalore Principles of Judicial Conduct” (Principles) that establish standards for ethical conduct of judges laying down six recognised core values – Independence, impartiality, integrity, propriety, equality and competence and diligence. As per these Principles, a judge is expected to exhibit and promote high standards of judicial conduct to reinforce public confidence in the judiciary which is fundamental to the maintenance of judicial independence. AILAJ, in the statement noted that “we are constrained to reiterate that this speech of Jst. Yadav, yet again poses serious questions about the process through which judges are being appointed and exposes the lack of immediate action when judges betray the foundational ideas of the Constitution owing to their prejudices and political leanings.” Jst. Yadav’s words are an attack on the preambular promise of fraternity, promotes divisiveness and directly impinges on the diversity and pluralism of the country. As a judge, Jst. Yadav has a basic duty to articulate the Constitutional goal which has found such an eloquent utterance in the Preamble. AILAJ demanded that a disciplinary process be urgently instituted against Jst Yadav, until which time all his administrative and judicial work must be withdrawn. AILAJ also demands that Jst Yadav tender an unconditional apology for his statements.