I was not at fault, facts were distorted: Justice Shekhar Kumar Yadav retires

Allahabad High Court Justice Shekhar Kumar Yadav, whose remarks against Muslims during a Vishva Hindu Parishad (VHP) event sparked nationwide outrage, on Wednesday addressed the allegations against him.

Justice Yadav was speaking at a full court reference held on his retirement. He said that his remarks made at the VHP event in 2024 were presented in a distorted manner and he was not at fault for misinterpretation of what he said.

"Meri koi galti nai thi. Maine aisa kuch nai kiya tha. Uski be saza mereko mili. mujhe ye kehne mai sankoch nai hoga aise dukh barri gaddi mai mujhe jo saath kewal mila, kewal aapka milla. Aap na houte mai bahut toot chuka houta. Mere khilaf abyoug laya gaya, maha abyoug Parliament main laya gaya. Mere khilaf sarvoch nyayalaya ne ... bula kar k mere se expression call kiya gaya. Mere khilaf internal enquiry bhitayi gayi. Dosh mere kuch b nahi tha. Toud marod kar k pesh karne walun ka hi dosh tha," Justice Yadav said.

(Translation: "I was not at fault. I had not done anything like that. Still, I received punishment. I have no hesitation in saying that in those sorrowful times, the only support I received was yours [lawyers]. Had you not been there, I would have completely shattered. Charges were brought against me; an impeachment motion was even brought in Parliament. I was summoned by the Supreme Court to provide an explanation. An internal inquiry was set up against me. Yet, I was not at fault at all. The fault lay entirely with those who presented the facts in a twisted and distorted manner.")

He also expressed gratitude to the lawyers in Allahabad for supporting him during the controversy.

Justice Yadav added that no advocate, irrespective of their caste or religion, can accuse him of discrimination.

"When I used to sit on the dais, there was no small or big lawyer. There were no arguments on the basis of caste, religion," he said.

However, Justice Yadav added that Indian culture is paramount for him. He said that the legal framework of the country is rooted in its historical and cultural heritage.

"Haan thoda sa main, mera paksh, is desh ka nagrik hun, is desh ki sanskriti mere liye sarvosari hai, samvidan apni jagah par hai. Samvidan b jo chalta hai wo sanskrit se chalta hai, samvidan main b sanskrit ka varan hai, un maha purshun ka varan hai, us k idar maine koi kaari nai kiya," he said.

(Translation: "Yes, to some extent, from my perspective as a citizen of this country, the culture of this land is supreme to me; the Constitution has its own place. However, even the Constitution is guided by our culture; it contains descriptions of our culture and our great historical figures. I have not done anything that goes against that.")

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.

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.

The Supreme Court Collegium also summoned him and also initiated an in-house enquiry against the judge after he refused to tender a public apology.

Thirteen Senior Advocates also wrote to then Chief Justice of India Sanjiv Khanna urging him to direct the Central Bureau of Investigation (CBI) to register a first information report (FIR) against the judge.

However, Justice Yadav retired on Wednesday with no action taken on the charges against him.