Allahabad High Court justice Shekhar Kumar Yadav seems not to get full respite from the Supreme Court on the issue over his remarks targeting Muslims at an event organized by the VHP (Vishva Hindu Parishad). Weeks after the SC took note on justice Yadav’s remark, it has now sought a fresh report over the matter.
Reportedly, the SC collegiums headed by CJI Sanjiv Khanna has written to Allahabad HC Chief Justice Arun Bhansali seeking a fresh report over the matter.
Three weeks back, the SC collegium summoned justice Yadav and on December 17th the collegium met him seeking an explanation about his remarks. Since this, justice Yadav has appeared to stand firm to his ground and there is no news of either an apology being sought from him or an explanation from him. The latest move by the SC is another step of an inquiry over the alleged misconduct by a judge.
Previous SC Verdict Involving Judge from a High Court
In a 1995 judgement, the Supreme Court said that when the matter relates to a complaint against a High Court judge, the Chief Justice of that High Court consults with the Chief Justice of India after an inquiry is conducted. The judgement came in the case of C Ravichandran Iyer versus Justice A M Bhattacharjee and Others
That case involved allegations of financial impropriety A M Bhattacharjee, who was then the chief justice of the Bombay High Court.
Justice Bhattacharjee resigned after the allegations came out. The SC then e passed the judgement on the issue stating that it “would form a precedent for future”.
Yadav’s Controversial Remark
On December 8th, Justice Yadav delivered a speech orgnaized by the VHP in the library hall of the Allahabad high court where he used the term “kathmulla” and said that Muslim children are not to be expected to have the quality of being tolerant and generous as they are exposed to violence from an early stage in the form of animal slaughter.
Drawing a comparison with the Hindus, justice Yadav said that Hindus were taught about kindness from an early age. Hindu children have non-violence and tolerance ingrained in them. Justice Yadav added that India would function only as the majority wishes, hinting towards the wish of the Hindus.
His comments drew flaks from various spheres including that of Bar Association of India.