Apex Court To Examine Justice Shekhar Kumar Yadav’s Controversial Speech; Takes Cognizance Of Newspaper Reports

The Supreme Court has taken cognizance of newspaper reports concerning a controversial speech delivered by Justice Shekhar Kumar Yadav of the Allahabad High Court at an event organized by the Vishwa Hindu Parishad (VHP) on December 8, 2024.

The speech, criticized for its alleged communal undertones, has led to discussions on judicial neutrality and propriety.

In a press statement, the Supreme Court said, "The Court has taken note of newspaper reports regarding a speech given by Mr. Justice Shekhar Kumar Yadav, a sitting judge of the High Court of Judicature at Allahabad. Details and particulars have been sought from the High Court, and the matter is under consideration."

Justice Yadav’s speech, including the use of the communal slur "kathmulla" and assertions that "the country will function as per the wishes of the majority," has drawn widespread criticism for being inflammatory and contrary to constitutional values of secularism and equality.

The Campaign for Judicial Accountability and Reforms (CJAR) has written to Chief Justice of India (CJI) Sanjiv Khanna, urging the initiation of an in-house inquiry into Justice Yadav’s conduct. CJAR emphasized that the judge’s participation in a politically aligned event and the nature of his remarks have undermined public confidence in judicial impartiality and independence.

The CJAR highlighted that Justice Yadav’s statements and actions violated Articles 14, 21, 25, and 26 of the Constitution, alongside its Preamble, which enshrines principles of secularism and equality before the law.

The organization also cited breaches of the Restatement of Values of Judicial Life adopted by the Supreme Court in 1997, which governs judicial conduct. The following principles were specifically noted as violated:

1. Judges must avoid actions that erode public confidence in judicial impartiality.

2. Judges should maintain a degree of aloofness consistent with the dignity of their office.

3. Judges must refrain from public debates on political matters or those likely to come before them.

4. Judges must uphold the dignity of their office by avoiding conduct unbecoming of their position.

CJAR’s letter urged the Chief Justice of India to:

- Constitute an in-house inquiry to investigate the allegations against Justice Yadav.

- Suspend Justice Yadav’s judicial work pending the outcome of the inquiry.

The letter stated, "Justice Yadav’s actions and beliefs, expressed in categorical words, raise serious questions about his fitness as a judge, particularly of a constitutional court such as the Allahabad High Court. Pending the inquiry, we request that all judicial work be withdrawn from him."

The matter is currently under the Supreme Court’s consideration on the administrative side, with a report on the speech awaited from the Allahabad High Court.