A group of 13 lawyers of the Supreme Court has written to Chief Justice of India Sanjiv Khanna and four other members of the collegium to suo motu order a CBI probe against Justice Shekhar Yadav of Allahabad High Court for his alleged anti-Muslim remarks on December 8 that he recently justified.

In the letter — also addressed to Justices B.R. Gavai, Surya Kant, Hrishikesh Roy and Abhay S. Oka — the lawyers pointed to an interview of Justice Yadav in the Indian Express where he stood by the controversial statements he had made at a Vishwa Hindu Parishad (VHP) event.

“The delivery of such communally charged statements by a sitting judge of the high court at a public event not only undermines religious harmony but also erodes public confidence in the integrity and impartiality of the judiciary.

“This letter is being written to you in your capacity as Chief Justice of India, that in light of the seriousness of the matter impacting the independence of the judiciary, and in light of the fact that an investigation is required to be impartial and independent of the State, to take suo motu note of the cognisable offences committed by the said judge and make a reference to the CBI to lodge an FIR to prosecute Justice Yadav in terms of the following ruling of the court,” the letter stated.

The letter cited the Supreme Court judgment in the Justice K. Veeraswami vs Union of India (1991) case where it said: “We therefore direct that no criminal case shall be registered under Section 154, CrPC (FIR), against Judge of the High Court, Chief Justice of the High Court or Judge of the Supreme Court unless the Chief Justice of India is consulted in the matter.”

The signatories to the letter are senior advocates Indira Jaising, Aspi Chinoy, Navroz Seervai, Anand Grover, Chander Uday Singh, Jaideep Gupta, Mohan V. Katarki, Shoeb Alam, R. Vaigai, Mihir Desai, Jayant Bhushan, Gayatri Singh and Avi Singh.

They alleged that Justice Yadav’s hate speech appeared unconstitutional and contrary to the oath of office taken bya judge.

According to the letter, Justice Yadav had demanded that Muslims discard practices such as polygamy and triple talaq in the way Hindus had shunned sati and untouchability.

“Further, Justice Yadav asserted a majoritarian view of governance in saying that India is run by the ‘bahusankhyak’ (majority), whose writ must prevail. This is an affront to the constitutional promise of equality and justice for all, irrespective of religion and the rights of the minority.

“Justice Yadav further invoked divisive imagery, speaking of the ‘liberation’ of ‘Ram Lalla’ and the construction of the temple in Ayodhya, while invoking unfounded fears of India turning into ‘Bangladesh’ or the ‘Taliban’. Justice Yadav characterised Muslims as lacking generosity (udaar) and tolerance (sahishnu), alleging that ‘their’ childrenare raised with a propensity for violence (hinsa ki pravritti). Such remarks are notonly factually baseless but also dangerously inflammatory. He went on to say that Hinduism had the seeds of tolerance which Islam didn’t,” the letter said.

It added: “Justice Yadav’s comments raise serious concerns about the role of the court as the guardian of the constitutional values of equality and fraternity for all Indians regardless of community or creed. Justice Yadav’s speech has imprints of multiple offences described under Sections 196 and 302 of the Bharatiya Nyaya Sanhita (BNS).”