Senior advocate Dushyant Dave has emphasised the necessity of judicial accountability while addressing concerns over judicial discipline and misconduct, particularly in the context of recent remarks by Allahabad High Court's Justice Shekhar Kumar Yadav targeting the Muslim community, asserting that withdrawing judicial duty from the judge would be the only appropriate action a chief justice could take.
Justice Yadav, who targeted Muslims at a Vishwa Hindu Parishad event on December 8, 2024, has continued to stand by his statements, prompting criticism from legal experts.
Dave, delivering the first A G Noorani Memorial Lecture at the India Islamic Cultural Centre, highlighted the importance of addressing judicial impropriety through institutional mechanisms, The Indian Express reported.
He pointed out that decisive action in such cases would involve withdrawing judicial work from the concerned judge, a measure previously undertaken by senior judicial authorities. He argued that the Chief Justice of India, along with the collegium, should guide the Chief Justice of the concerned high court to take appropriate action, as continued public criticism alone would not suffice to address the issue.
While discussing the constitutional vision of secularism, Dave underscored that the framers of the Constitution had clearly established India as a secular state, emphasising that historical debates within the Constituent Assembly reinforced this principle. He noted that even prominent figures associated with Hindu nationalist ideologies did not advocate for a theocratic state during the drafting of the Constitution.
He also cited historical references to Sardar Vallabhbhai Patel’s views on the protection of religious and cultural rights, questioning whether contemporary political leadership acknowledges these foundational commitments.