The Supreme Court on Tuesday sought a report from Allahabad High Court on a sitting judge’s remarks at a VHP event where he allegedly referred to Muslims as “kathmullahs”, said India would run according to the majority’s wishes, and “pledged” that a uniform civil code would become reality.

Several lawyers’ forums have urged Chief Justice of India Sanjiv Khanna to take immediate action against Justice Shekhar Kumar Yadav for his “hate speech”, including an “in-house enquiry” and the suspension of his judicial duties.

Supreme Court Bar Association president and Independent Rajya Sabha member Kapil Sibal has sought the support of all parliamentarians in impeaching the judge. National Conference MP Ruhullah Mehdi said he would move an impeachment motion in Parliament against Justice Yadav and that he had already received supporting signatures from seven MPs.

Justice Yadav’s alleged remarks came on December 8 at a convention of the Vishwa Hindu Parishad’s law cell (Kashi province) at the library hall of the high court Bar on the high court premises.

“We teach our children about God and the Vedas from childhood, we teach them non-violence. But you (Muslims) kill animals in front of your children. Then how do you expect them to be tolerant and liberal?” a video purportedly shows Justice Yadav saying in Hindi at the event.

“So I don’t have any hesitation in saying that this is India and it will run according to the majority community of this country....”

At another place, he purportedly says: “It’s not that all of them, about whom I am talking, are bad…. The malpractices are because of kathmullas (fanatics).”

On the uniform civil code (UCC), he appears to say: “You cannot say that I have the right to have four wives, that I have the right to say triple talaq and I have the right not to give maintenance to women….

“Did you ever dream that you will see the Ram Mandir (in Ayodhya) with your own eyes?... Our ancestors laid down their lives for it…. And we are seeing it today. I assure you that you will see this bill (UCC) very soon…. I pledge here that this country will bring one law very soon.”

A terse release circulated by the additional registrar of the Supreme Court, Rakesh Sharma, said: “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.”

The Campaign for Judicial Accountability and Reforms (CJAR) wrote to Justice Khanna on Tuesday seeking an “in-house enquiry” for action against Justice Yadav “for judicial impropriety, breaching his solemn oath as a judge, and violating the code of conduct for judges”.

“The tone and tenor of the speech amounts to hate speech against Muslim minority in the name of majoritarian Hindu religion,” the letter from CJAR convener and human rights lawyer Prashant Bhushan said.

“His imputations, allegations and expressions against the Muslim minority are of vicious, vitriolic and venomous nature….”

It added: “Justice Yadav’s statements betray his inability to act with fairness, impartiality and neutrality in the discharge of his judicial functions. Therefore, we urge that, pending the completion of the in-house committee, all judicial work be withdrawn from Justice Yadav immediately.”

Justice Yadav, sworn in as additional judge on December 12, 2019, became a permanent judge on March 26, 2021.

“Justice Yadav also used unpardonable and unconscionable slurs against the Muslim community, bringing shame and disrepute to the high office of a judge… and the judiciary as a whole, besides undermining the rule of law he is meant to uphold,”Bhushan said.

His letter said that Justice Yadav’s conduct violated the “Restatement of Values of Judicial Life”, adopted by the Supreme Court in 1997 as applicable to the higher judiciary.

According to the “Restatement”, the letter said, a judge should practise a degree of aloofness consistent with the dignity of his office, and refrain from publicly expressing views on political issues or matters pending before courts or likely to arise for judicial determination.

Justice Yadav’s remarks have “raised doubts in the minds of average citizens about the independence and neutrality of the judiciary, (and) given the wide coverage it has received, a strong institutional response is needed”, the CJAR said.

The All India Lawyers Union (AILU) was the first to protest against Justice Yadav’s alleged comments, hoping Justice Khanna would initiate proceedings against the judge.

A statement from AILU president and MP Bikash Ranjan Bhattacharyya and its secretary P.V. Surendranath said Justice Yadav’s remarks ran counter to the constitutional principle of secularism and a judge’s dignity.

The Bar Association of India, whose members include many senior Supreme Court and high court lawyers, urged Justice Yadav to “retract his statements and tender suitable apology”.

Bar Association president Prashant Kumar and president-elect A.S. Chandiok said that events conducted by organisations not concerned with the administration of justice should not be permitted on any court premises.

VHP stand

VHP international president Alok Kumar rejected the criticism of the judge for speaking at the organisation’s event, asserting that such “awareness meets” would continue to be held, PTI reported.

“We had invited the judge as a faculty to speak on the uniform civil code. We work among former judges, invite them to work for the VHP, for Hindutva,” he said, adding he had not attended the event but was aware of the deliberations.

“But as far as sitting judges are concerned, we do not expect them or invite them to work for the VHP. Sometimes on topics like the UCC, we do invite them to enlighten us,” Kumar told PTI over the phone.

Kumar said he was not aware of the exact nature of the comments on “the majority” attributed to the judge, but “I would not be apologetic” even if the judge had suggested the majority should have a say in how the laws work.

In September 2021, Justice Yadav had allegedly made some controversial observations while hearing a case on cow slaughter, PTI added.

“Cows should be declared the national animal, and cow protection should be kept as a fundamental right of Hindus because when the culture and faith of the country are hurt, the country becomes weak,” he was quoted as saying.