NEW DELHI, Dec 9: The All India Lawyers Union on Monday wrote a letter to the President and Chief Justice of India seeking action against the Allahabad High Court judge Justice Shekhar Kumar Yadav for his speech at a Vishwa Hindu Parishad (VHP) event which the lawyers’ union said “amounted to hate speech against the Muslim minority.”
Stressing the need for a Uniform Civil Code (UCC), Justice Yadav, during the speech on Sunday had said India would run as per the wishes of the majority community. He had also praised the work of the Rashtriya Swayamsevak Sangh (RSS) and said there was “no excuse” for practices such as polygamy, triple talaq or Halala.
“The widely reported speech of Justice Shekhar Yadav, sitting judge of Allahabad HC from the platform of VHP is against the Constitution, its ethos and a direct affront to its basic structure – secularism and independence of judiciary. It tantamount to sabotaging of independence of judiciary from within,” the letter from the AILU read.
It further stated that the tone and tenure of the speech amounted to hate speech against the Muslim minority in the name of Hindu religion. “His imputations, allegations and expressions against the Muslim minority are of vicious, vitriolic and venomous nature; most unbecoming of a sitting judge of a constitutional court – violation of constitutional oath of office of a judge of the HC,” the AILU said, adding that democracy was neither majoritarianism nor religious majoritarianism, and that his expression and concept of democracy was that of a “Hindutwa Rashtra.”
The letter, signed by AILU president and Rajya Sabha MP Bikas Ranjan Bhattacharya, a senior advocate, and P.V. Surendranath, senior advocate and general secretary of the AILU, further said the speech by Justice Yadav once again illustrates and demonstrates the weakness of the Collegium system in the matter of selection and appointment of judges of constitutional courts, including the High Courts and the Supreme Court.
“It also illustrates the weakness of the Collegium system to deal with their misdemeanours, not capable of protecting the independence of judiciary and the need for an independent constitutional mechanism for selection and appointment of judges of constitutional courts without conceding dominance of the executive or judiciary and giving representation to all stakeholders in that independent constitutional autonomous institution,” the letter added.
The AILU further expressed strong disagreement with the speech made by Justice Yadav and added it earnestly hoped that the President of India and Chief Justice would intervene and take necessary remedial action and initiate proceedings against him.
Criticising Justice Yadav’s speech, All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi stated that it was unfortunate that a High Court judge attended the conference of an organisation like the VHP, which had been banned on several occasions.
“This speech can be easily rebutted, but it’s more important to remind his honour that the Constitution of India expects judicial independence & impartiality. ‘Impartiality, independence, fairness and reasonableness in decision-making are the hallmarks of the judiciary’,” Mr Owaisi wrote on X.
He added that the Constitution was not majoritarian but democratic and in a democracy, rights of the minorities are protected. He further said the speech by the judge indicts the Collegium system and raises questions on judicial impartiality. How can a minority party expect justice before someone who participates in VHP’s programmes, he questioned.
(Manas Dasgupta)
