New Delhi: Allahabad High Court judge Shekhar Kumar Yadav, who purportedly made controversial comments at a Vishwa Hindu Parishad function, appeared before the Supreme Court collegium on Tuesday, according to sources familiar with the development. The Collegium is headed by Chief Justice of India Sanjiv Khanna.
According to sources, Justice Yadav appeared before the collegium and was asked to put forth his version on the statements made. On December 10, the apex court took note of news reports on the statements and sought a report from the Allahabad High Court on the issue. '
"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. The details and particulars have been called from the High Court and the matter is under consideration," said the apex court in an official statement.
According to the established norm, a judge, against whom a report is sought by the collegium on any controversial issue from the High Court concerned, is given the opportunity to put forth his or her version.
The High Court judge had said that India will function as per the wishes of the majority community and added that the welfare and happiness of the majority overrides those of others.
"I have no hesitation in stating that this is Hindustan, and this country will function according to the wishes of the majority living here. This is the law……. It is not about speaking as a High Court Judge; rather, the law operates in accordance with the bahusankyak (majority)….." Justice Yadav had said.
Lawyer and convenor of the NGO, Campaign for Judicial Accountability and Reforms (CJAR), Prashant Bhushan had also written a letter to the Chief Justice of India seeking an “in-house enquiry” into the conduct of Justice Shekhar Kumar Yadav of the Allahabad High Court. The NGO alleged that he breached judicial ethics and violated the constitutional principles of impartiality and secularism.
The high court 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.
