New Delhi: The Supreme Court on Tuesday took note of the newspaper reports of a speech given by Justice Shekhar Kumar Yadav, a sitting judge of the High Court of Judicature at Allahabad.
The apex court has called for the details and particulars from the high court and the matter is under consideration.
India will function as per the wishes of the majority community, said the high court judge, adding 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.
In a separate development, lawyer and convenor of the NGO, Campaign for Judicial Accountability and Reforms (CJAR), Prashant Bhushan today also 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 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.
