Supreme Court seeks report from Allahabad HC after Justice SK Yadav's remarks on Muslims

The Supreme Court has taken note of the controversial remarks made by Justice Shekhar Kumar Yadav of the Allahabad High Court on December 8 at an event organized by the legal cell of right-wing organisation Vishwa Hindu Parishad (VHP)..Sources told the Bar and Bench that the top court on the administrative side has called for details and particulars from the High Court in this regard.The matter is under consideration, sources revealed..The judge on Sunday made contentious statements against the Muslim community.India will function as per the wishes of the majority community, he said, 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). Consider this in the context of a family or society - only what ensures the welfare and happiness of the majority will be accepted," Justice Yadav said..The judge also used the term "kathmullah", a slur against Muslims commonly used on WhatsApp and other social media platforms.Referring to extremists as "kathmullah", he said that the country should be circumspect about them."Lekin yeh jo kathmullah hai jo…yeh sahi shabd nahi hai…lekin kehne mein gurez nahi hai kyunki woh desh ke liye bura hai…desh ke liye ghatak hai, khilaaf hai, janta ko bhadhkane wale log hai…desh aage na badhe is prakar ke log hai…unse saavdhaan rehne ki zaroorat hai (But these kathmullah... this may not be the right word... but I won't hesitate to say it because they are harmful to the country...they are detrimental, against the nation, and people who incite the public. They are the kind of people who do not want the country to progress, and we need to be cautious of them)," he stated.He also remarked that children in one community are taught the values of kindness and non-violence, and its people are raised to be tolerant. However, in another community, it would be difficult to expect tolerance from children, especially when they witness the slaughter of animals in front of them, he added..Justice Yadav was speaking on the topic, Uniform Civil Code: A Constitutional Necessity. He also spoke on topics such as the Waqf Board Act and religious conversion..On the Uniform Civil Code, he stated that while women are revered as goddesses in Hindu scriptures like the shastras and vedas, members of a particular community (Muslims) still claim the right to have multiple wives, engage in Halala, or practice Triple Talaq."I vow that this country will surely enact a uniform law, and it will happen very soon," he added..The comments made by the sitting judge has led to demands that he be impeached and judicial work be withdrawn from him in the meantime.The Campaign for Judicial Accountability and Reforms (CJAR) today filed a formal complaint with the Chief Justice of India (CJI) demanding an in-house enquiry against Justice Yadav."This speech by Justice Shekhar Kumar Yadav, has raised doubts in the minds of the average citizens about the independence and neutrality of the judiciary, given the wide coverage it has received, a strong institutional response is needed," the complaint said.Meanwhile, Ruhullah Mehdi, the Member of Parliament (MP) from Srinagar, also tweeted that he was moving an impeachment motion in the parliament for removal of Justice Yadav. Justice Yadav's continued tenure is detrimental to the integrity, impartiality, and secular ethos of the judiciary, the lawmaker said in the proposed motion..Justice Yadav's speech "is an assault on the constitution and should be an impeachable offence," Senior Advocate Rebecca John said on Monday.Hyderabad MP Asaduddin Owasi in his reaction to Justice Yadav's comments said,"This speech indicts the collegium system and raises questions on judicial impartiality. How can a minority party expect justice before someone who participates in VHP’s programs?".Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.