New Delhi, Dec 10 (PTI) Lawyer and convenor of the NGO, Campaign for Judicial Accountability and Reforms, Prashant Bhushan on Tuesday wrote a letter to Chief Justice of India Sanjiv Khanna seeking an “in-house enquiry” into the conduct of Justice Shekhar Kumar Yadav of the Allahabad High Court.
The call comes in the wake of remarks made by Justice Yadav at a Vishva Hindu Parishad (VHP) event, which the NGO alleges breached judicial ethics and violated the constitutional principles of impartiality and secularism.
The judge had said the main aim of the Uniform Civil Code is to promote social harmony, gender equality and secularism.
"The main objective of the Uniform Civil Code is to promote social harmony, gender equality and secularism by eliminating unequal legal systems based on different religions and communities," he had said, according to a release issued by the VHP.
"A Uniform Civil Code refers to a common law that applies to all religious communities in personal matters such as marriage, inheritance, divorce, adoption etc," the judge had said.
In the letter, Bhushan said Justice Yadav delivered a speech endorsing the Uniform Civil Code (UCC) while making controversial remarks perceived as targeting the Muslim community.
The Campaign for Judicial Accountability and Reforms (CJAR) said that Justice Yadav’s participation in the VHP event and his comments constitute judicial impropriety and breach the solemn oath to uphold the Constitution impartially.
According to Bhushan, the remarks undermine the judiciary's role as a neutral arbiter and erode public trust in its independence.
“Justice Yadav also used unpardonable and unconscionable slurs against the Muslim community, bringing shame and disrepute to the High Office of a Judge of the Allahabad High Court and the Judiciary as a whole, besides undermining the rule of law, he is meant to uphold,” Bhushan charged in the letter.
Among other objectionable statements, he remarked that children in one community are taught the values of kindness and non-violence, and its people are raised to be tolerant, it said.
“He went on to remark, ‘Where the cow, the Gita and the Ganga define the culture, where every home has an idol of Harbala Devi, and every child is Ram. Such is my country’”, the letter said.
The letter highlights that the judge’s conduct violates the “Restatement of Values of Judicial Life,” a code of conduct adopted by the Supreme Court in 1997.
Specific violations cited include the principles that judges must maintain impartiality and avoid conduct that erodes public confidence in judicial institutions.
CJAR’s letter demanded the immediate suspension of judicial work allocated to Justice Yadav and the constitution of a time-bound in-house committee to investigate his conduct.
“A strong institutional response is needed to restore public faith in the judiciary,” the letter said.
“This speech by Justice Shekhar Kumar Yadav, has raised doubts in the minds of average citizens about the independence and neutrality of the judiciary, given the wide coverage it has received, a strong institutional response is needed.
“Since these statements are made at a public event and a video recording of the same is available, a time bound enquiry ought to be initiated. We call upon Your office sir, to restore the faith of the people in the institution of the judiciary by immediately setting up an in-house committee to enquire into acts of judicial impropriety by Justice Yadav and by withdrawing all judicial work from Justice Yadav,” the letter said.
The NGO said the judiciary must remain a countermajoritarian institution and ensure fairness and impartiality in its functioning.
“Justice Yadav’s remarks raise serious doubts about his ability to perform his judicial duties with neutrality,” the letter said.
On Monday, Communist Party of India (Marxist) leader Brinda Karat wrote to the CJI stating that the speech made by the Allahabad High Court judge is a violation of his oath, and said there should be "no place for such persons in a court of justice."