What actions may be taken against Justice Shekhar Kumar Yadav of Allahabad High Court for violating Articles 14, 21, 25 and 26 and delivering hate speech targeting the Muslim community? Supreme Court issued a notice to him taking cognizance of the media reports in which he has reportedly said that
In a statement issued on Tuesday, the apex court said, “The Supreme Court has taken note of the newspaper reports of a speech given by Mr Justice Shekhar Kumar Yadav, a sitting judge of the High Court of Judicature at Allahabad.” It said further that the details and particulars had been called from the High Court and the matter was under consideration.

What Did Justice Yadav Say?

Participating in a programme on “Uniform Civil Code: A Constitutional Necessity”, Justice Yadav asserted that the country would function according to the wishes of the majority (bahusankhyak) in India.
In the prgramme organised by the Vishwa Hindu Parishad, the sitting judge of Allahabad High Court talked about the ‘sacrifices’ made by ‘our ancestors’ to see Rama Lalla freed and witness the construction of a grand Lord Rama temple at Ayodhya.
In the same breath, he also used derogatory slur ‘kathmullah’, and declared that Muslim children could not be expected to exhibit kindness and tolerance because they are exposed to the sights of animals being slaughtered from an early age.

CJAR Writes To CJI

The CJAR pointed out that the language used by Justice Yadav against the Muslim community and the content of the speech amounted to judicial impropriety and violated Articles 12, 21, 25, and 26 along with the Preamble of the Constitution.
Analysts and experts believe, a Judge of the Supreme Court or a High Court should avoid any comment in public as well private that erodes the credibility of the perception that justice must not merely be done but must also be seen to be done.

Did Justice Yadav Cross Red Line?

According to the guidelines, a Judge should practice a degree of aloofness consistent with the dignity of his office.
He should also 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.
It has been said in the guidelines that every Judge must at all times be conscious that he is under the public gaze.
There should be no act or omission by him that is unbecoming of the high office he occupies and the public esteem in which that office is held.

Did Justice Yadav Violate Constitution?

Analysts believe Justice Yadav has crossed the red line because it is the fundamental duty of a judge to uphold the Constitution’s sacred promise of equality, not to undermine it through inflammatory statements or partisan affiliations.
It is believed that every judicial utterance must reflect the profound constitutional commitment to protecting the rights of all citizens.
Experts also believe that by suggesting that some citizens are more equal than others, Justice Yadav has failed in his duty.
His statements have violated the Constitution and its democratic foundations that guarantee dignity and rights to all sections of the society, regardless of his numerical strength.
Analysts have pointed out that Yadav’s statement is particularly wrong because when a judge of a high court publicly endorses majoritarian supremacy, it sends a chilling message to the country’s minority communities. His statement has also undermined the judiciary’s sacred role as a neutral arbiter.
Though the VHP has not been banned, it has been identified as an organisation that promotes divisive and exclusionary narratives. By participating in its programme and endorsing it, Justice Yadav has betrayed the judicial oath to protect and uphold the Constitution.

Yadav’s Earlier Controversial Statements

However, it is not the first time that Justice Yadav has hit the headlines for the wrong reasons.
He also hogged the limelight as a constitutional court judge, as his orders and judgments, reflected his ideological overtones and triggered widespread debate across the judicial fraternity.
While delivering the judgment in a cow slaughter case in September 20121, Justice Yadav observed that cow should be declared as a national animal and cow protection should be kept as a fundamental right of Hindus.

Justice Yadav: Cow Exhales Oxygen

He went to the extent of declaring, “Scientists believe that cow is the only animal which inhales and exhales oxygen”.
While hearing the case of one Akash Jatav, booked for an FB post against Lord Rama & Lord Krishna, he observed that the Parliament should pass a law honouring Shri Rama, Shri Krishna, Gita, Ramayana, Maharishi Valmiki, and Maharishi Ved Vyas.
Political analysts also believe that the collegium system has been exposed to criticism once again with Justice Yadav making these statements. Justice Yadav was made an Additional Judge of the HC in December 2019 and graduated in Law from Allahabad University in 1988.
Will the CJI take any action against Justice Shekhar Kumar Yadav?