SC Collegium says Allahabad HC judge’s remarks against Muslims ‘Avoidable’
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HC judge was called by Collegium over his remarks at a VHP event | Photo: Indian Express
New Delhi: The Supreme Court Collegium, led by Chief Justice of India Sanjiv Khanna, met with Allahabad High Court Justice Shekhar Kumar Yadav on Tuesday and informed him that his controversial remarks at a recent Vishwa Hindu Parishad event were unnecessary, according to The Indian Express.
Details of what happened during the almost 30-minute meeting were not immediately available. All eyes are now on the Rajya Sabha Chairman, where the Opposition has filed an impeachment petition against Justice Yadav, claiming him of "hate speech" and "incitement to communal disharmony".
Speaking at an event sponsored by the VHP's legal cell on the premises of the Allahabad High Court on December 8, Justice Yadav criticised Muslims and presented the Uniform Civil Code as a Hindu versus Muslim issue, with the former implementing reforms and the latter not.
“You have a misconception that if a law (UCC) is brought in, it will be against your Shariyat, your Islam and your Quran,” Justice Yadav said. “But I want to say one more thing… whether it is your personal law, our Hindu law, your Quran or whether it is our Gita, as I said we have addressed the ills (buraaiyan) in our practices… kamiyan thi, durust kar liye hain (the shortcomings have been addressed) …untouchability… sati, jauhar… female foeticide…we have addressed all those issues… Then why are you not doing away with his law… that while your first wife is there…you can have three wives… without her consent… that is not acceptable.”
Justice Yadav added that Hinduism had the seeds of tolerance which Islam didn’t. “It is taught to us that…even an ant should not be killed. That is perhaps why we are tolerant and generous. Hame kisi ka kasht dekh karke kasht hota hai… kisike peeda ko dekhke peeda hota hai… par aapke andar nahin hoti hai… Why? Because when a child is born in our community, they are taught about God, the Vedas and Mantras right from the childhood… they are told about non-violence… lekin aap ke yahan to bachhpan se bachhe saamne rakh kar ke vadh kiya jaat hai pashuon ka (in your community, animals are slaughtered in the presence of children)… toh aap kaise apeksha karte hain ki sahishnu hoga woh… udaar hoga woh (how do you expect the person to become tolerant, kind?).”
“I have no hesitation in saying that this is Hindustan… and the country will run according to the majority who live in Hindustan.” He said the “law will operate on the will of the majority… if you look at families or the society… the will of the majority prevails,” he had said.
These remarks were strongly criticised by Opposition parties. In a letter to CJI Khanna, CPM leader and former MP Brinda Karat wrote: “No litigant can hope for justice in a court in which a member holds such a biased, prejudiced, publicly expressed opinion against the minority community and in favour of a majoritarian approach.”
The chairman has the authority to approve or reject the opposition's notice in the Rajya Sabha for an impeachment move against Justice Yadav.