‘Sitting Judge Should Be Careful…’: Ex-CJI Chandrachud On Allahabad HC Judge's Remark
‘Sitting Judge Should Be Careful…’: Ex-CJI Chandrachud On Allahabad HC Judge's Remark On UCC
M.U.H
21/12/202426
Former Chief Justice of India DY Chandrachud reacted to the controversy over Allahabad High Court Justice Shekhar Kumar Yadav’s controversial speech at a Vishva Hindu Parishad (VHP) event and said that a sitting judge should be mindful about his words.
“A sitting judge should always be careful of what he speaks in and outside the courtroom," ex-CJI said in an interview with Live Law.
Chandrachud further revealed that in 2018, as a consultee judge, had strongly opposed the proposal to elevate Yadav as a Judge.
According to a report by Leaflet, as a judge of the Supreme Court of India, the names were sent to Justice Chandrachud for his inputs and comments.
However, the Supreme Court Collegium comprising the then CJI Ranjan Gogoi and Justice A K Sikri and S A Bobde, which met on February 12, 2019, decided to ignore the red flag and recommend Yadav’s name along with nine other deferred names for appointment.
What Did Justice Yadav Say?
Justice Shekhar Yadav made the controversial remarks while delivering 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.
“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 (India). This is the Law. You can’t say that you are saying this being a High Court Judge. The law, in fact, 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" Justice Yadav was quoted as saying by LiveLaw.
Supreme Court Collegium Reprimands Justice Yadav
Earlier this week, a five-judge Supreme Court collegium led by Chief Justice of India (CJI) Sanjiv Khanna reprimanded Justice Yadav for his statements. The collegium counselled him and asked him to maintain the dignity of the constitutional post he held and remain cautious while delivering public speeches.
Justice Yadav appeared before the collegium and was asked to put forth his version of the statements.
On December 10, the Supreme Court took note of media reports regarding the statements made by Justice Shekhar Kumar Yadav and requested a report from the Allahabad High Court on the matter. An official statement clarified, “The Supreme Court has noted newspaper reports about a speech delivered by Justice Shekhar Kumar Yadav, a sitting judge of the Allahabad High Court. The details have been requested from the high court, and the matter is under review."
Remarks Spark Political Uproar
The remark by Justice Yadav had sparked a political uproar in the country. INDIA bloc MPs, including Trinamool Congress’s Mahua Moitra and All India Majlis-e-Ittehadul Muslimeen’s Asaduddin Owaisi, criticised the judge over his remark, calling it “partial and fully biased." The Samajwadi Party and the Uttar Pradesh unit of the Congress have also urged CJI Khanna to take cognisance of the statements.
Who Is Justice Shekhar Yadav?
According to the Allahabad High Court website, Justice Shekhar Kumar Yadav graduated in law from Allahabad University in 1988 and enrolled as an advocate on September 8, 1990. Till he was elevated as an HC judge, Justice Yadav worked as a standing counsel of VBS Purvanchal University in Jaunpur. He took oath as an additional judge in December 2019 and then as a permanent judge in March 2021.
A report published by Bar and Bench website said in October 2021, Justice Yadav urged the central government to introduce a law to honour Hindu deities Ram and Krishna, as well as the Ramayana and Mahabharata, Bhagavad Gita among others. He said the Supreme Court’s decision in the Ram Janmabhoomi dispute was in favour of those who believe in “Ram".
He was in the news earlier over the observations he made in a case of cow slaughter in September 2021. “Cow should be declared the national animal and cow protection should be kept in the fundamental rights of Hindus because when the culture and faith of the country is hurt, the country becomes weak."
