Allahabad HC Justice Shekhar Kumar Yadav set to retire amid stalled impeachment over remarks on Muslims

Allahabad High Court Justice Shekhar Kumar Yadav, whose remarks against Muslims during a Vishva Hindu Parishad (VHP) event sparked nationwide outrage, is set to retire on April 15, even as the impeachment proceedings initiated against him remain stalled..The High Court will hold a full court reference on the same day to mark his retirement, bringing to a close a tenure that drew intense scrutiny in its final years..Justice Yadav was appointed as an additional judge of the Allahabad High Court on December 12, 2019 and was made a permanent judge on March 26, 2021. He came under the national spotlight in December 2024 after delivering a speech at an event organised by the legal cell of the VHP, where he made several controversial remarks touching upon religion, governance and minority communities.During the speech, delivered on the subject of the Uniform Civil Code, Justice Yadav asserted that India would function according to the will of the majority population.“I have no hesitation in stating that this is Hindustan, and this country will function according to the wishes of the majority living here…only what ensures the welfare and happiness of the majority will be accepted,” he had said.The speech drew sharp criticism for his use of the term “kathmullah”, a derogatory slur used against Muslims, and for remarks that contrasted Hindu traditions with Muslim practices, including references to polygamy, triple talaq and animal slaughter..India will function as per wish of majority; "kathmullahs" against nation: Allahabad HC's Justice SK Yadav.The remarks triggered strong reactions from members of the Bar, civil society groups and political leaders, with several calling for his removal from office on grounds of conduct unbecoming of a constitutional court judge.Within days of the speech, efforts began in parliament to initiate impeachment proceedings against him. Rajya Sabha MP and Senior Advocate Kapil Sibal publicly announced that a removal motion would be moved against Justice Yadav.Reports indicated that over 50 Rajya Sabha Members had signed the proposed removal notice - the minimum number required to initiate the process - alleging that Justice Yadav’s remarks amounted to hate speech and reflected bias against minorities..However, the process soon encountered procedural hurdles. Signature verification began within the Rajya Sabha Secretariat and discrepancies relating to format and duplication were reported. Several months later, the motion remained pending without formal admission.Sibal later alleged that delays in processing the motion could allow the judge to complete his tenure without facing disciplinary proceedings..Parallel to parliamentary efforts, senior members of the legal fraternity also sought institutional action. In January 2025, 13 Senior Advocates wrote to then Chief Justice of India Sanjiv Khanna urging that a criminal investigation be initiated against Justice Yadav in connection with his speech.The Supreme Court Collegium subsequently considered initiating an in-house inquiry into the judge’s conduct following an adverse report from the Chief Justice of the Allahabad High Court. However, the move was later halted after communication from the Rajya Sabha Secretariat indicated that the matter fell within the jurisdiction of parliament.Administrative measures were briefly introduced at the High Court level as well. Following the controversy, Justice Yadav’s judicial roster was modified, restricting him to hearing civil appeals. However, subsequent data showed that criminal matters and bail cases were later reassigned to him..Pertinently, the VHP speech was not Justice Yadav's first foray into "creative" jurisprudence. In 2021, while hearing a case relating to cow slaughter laws, he remarked that cows exhale oxygen and suggested that parliament consider declaring the cow a national animal and cow protection a fundamental right..Since impeachment is a process designed specifically to remove a sitting judge from office, the proceedings cannot continue once the judge retires. With Justice Yadav’s retirement this week, the constitutional clock has effectively run out. No committee was ever formed, no formal charges were framed and no trial was held in parliament.Consequently, Justice Yadav will demit office with full honours and a scheduled full court reference..Justice Shekhar Kumar Yadav: Impeachment in limbo