'Used Unpardonable Slurs Against Muslim Community' : CJAR Complains To CJI About Justice Shekhar Yadav's Speech At VHP Event

The Campaign for Judicial Accountability and Reforms (CJAR) today (December 10) wrote to CJI Sanjiv Khanna urging for an 'in-house enquiry' for initiating appropriate action against the sitting Judge of Allahabad High Court, Justice Shekhar Kumar Yadav over the recent speech he gave at an event by Vishwa Hindu Parishad (VHP).The CJAR expressed that conduct of Justice Yadav by attending the event and delivering the controversial speech has "raised doubts in the minds of average citizens about the independence and neutrality of the judiciary, given the wide coverage it has received, a strong institutional response is needed.""Justice Yadav used unpardonable and unconscionable slurs against the Muslim community, bringing shame and disrepute to the High Office," CJAR said.The letter by CJAR states that the nature of language used by Justice Yadav against the Muslim community and the content of the speech amounted to judicial impropriety and violated Article 12, 21, 25 and 26 along with the Preamble of the Constitution. "Both his participation in this right wing event as well his statements, are in gross violation of Articles 14, 21, 25 & 26 read with the Preamble of our Constitution. They are discriminatory and violate the basic principles of secularism and equality before the law that is ingrained in our Constitution.""Such communally charged statements at a public event, by a sitting judge of the High Court, not only hurt religious sentiments but completely erode faith of the general public in the integrity and impartiality of the judicial institution. Such a speech is also a brazen violation of his oath as a judge where he had promised to uphold the constitution and its values impartially." The letter also highlighted that the conduct of Justice Yadav was violative of the 'Restatement of Values of Judicial Life' adopted by the Supreme Court in 1997 and is applicable to both Supreme Court and High Court Judges. The following principles were allegedly violated by Justice Yadav : "(1) Justice must not merely be done but it must also be seen to be done. The behaviour and conduct of members of the higher judiciary must reaffirm the people's faith in the impartiality of the judiciary. Accordingly, any act of a Judge of the Supreme Court or a High Court, whether in official or personal capacity, which erodes the credibility of this perception has to be avoided.""(6) A Judge should practice a degree of aloofness consistent with the dignity of his office." "(8) A Judge shall not enter into public debate or express his views in public on political matters or on matters that are pending or are likely to arise for judicial determination.""(16) Every Judge must at all times be conscious that he is under the public gaze and there should be no act or omission by him which is unbecoming of the high office he occupies and the public esteem in which that office is held." The CJAR has expressly called for constitution of an 'In-house Enquiry' against Justice Yadav and suspension of his judicial work. "Justice Yadav's actions and beliefs, expressed in categorical words, raise serious questions about his fitness as a judge, in particular, as a judge of a constitutional court such as the Allahabad High Court. It is in these shocking and exceptional circumstances, we are approaching you for the constitution of "in-house enquiry committee" to inquire into Justice Shekhar Kumar Yadav's speech and also to initiate appropriate action.""Justice Yadav's statements betray his inability to act with fairness, impartiality and neutrality in the discharge of his judicial functions. Therefore, we urge that, pending the completion of the in-house committee, all judicial work be withdrawn from Justice Yadav immediately."Read Live Law's coverage of his speech here, here and here.Click here to read CJAR's letterFrom Believing 'Cow Exhales Oxygen' To Praising PM : A Look At Justice Shekhar Yadav's Controversial Remarks

'Used Unpardonable Slurs Against Muslim Community' : CJAR Complains To CJI About Justice Shekhar Yadav's Speech At VHP Event

Anmol Kaur Bawa

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