New Delhi: A speech delivered by Allahabad High Court Justice Shekhar Kumar Yadav at a Vishva Hindu Parishad (VHP) event has ignited a major controversy, prompting the Supreme Court to seek details from the Allahabad High Court. Justice Yadav’s address, delivered at a VHP legal cell event held on the High Court premises, contained strong opinions on Muslim marriage practices and expressed support for the Uniform Civil Code (UCC).
The judge’s remarks, as reported in a VHP press release, criticized certain aspects of Muslim personal law, including polygamy, halala, and triple talaq, stating they disrespect women.
He argued that these practices should not be allowed to exist alongside the rights of women to maintenance and property, all under the umbrella of a single constitutional framework. Justice Yadav emphasized that the Constitution does not permit different legal frameworks for women of various religious backgrounds.
According to the VHP press statement, Yadav said, “Having different laws for different communities is a danger to the nation. When we talk of human upliftment, it should rise above religion and should be within the ambit of the Constitution”.
This speech has drawn sharp criticism and concerns about judicial impartiality and propriety. The NGO, Citizens for Judicial Accountability and Reforms, sent a letter to Chief Justice of India Sanjiv Khanna, demanding an in-house inquiry into Justice Yadav’s conduct.
The NGO argued that his participation and speech at the VHP event represented judicial impropriety, a breach of his oath, and a violation of the judicial code of conduct. They highlighted the speech’s perceived attack on the Muslim community as contradicting the constitutional ideals a judge is sworn to uphold.
“On December 8, Justice Shekhar Yadav participated in and spoke at the provincial convention of the VHP’s law Cell (Kashi Province) in the Library Hall of the High Court Bar, held within the Allahabad High Court premises… where he has made both direct and veiled attacks against India’s Muslims,” the letter said.
“Justice Yadav also used unpardonable and unconscionable slurs against the Muslim community, bringing shame and disrepute to the High Office of a Judge of the Allahabad High Court and the Judiciary as a whole besides undermining the rule of law, he is meant to uphold,” the letter reads further.
The controversy has extended beyond the legal community. AIMIM chief Asaduddin Owaisi initiated proceedings in the Lok Sabha seeking Justice Yadav’s removal. He cited the judge’s actions as violations of constitutional norms and the Supreme Court’s “Restatement of Values of Judicial Life.” Similarly, CPM leader Brinda Karat wrote to the Chief Justice expressing deep concern over the judge’s speech.
“I have signed a notice seeking removal proceedings against Shekhar Yadav, judge of Allahabad High Court. The process was initiated by (Srinagar MP from National Conference) Ruhullah Mehdi. The judge’s behaviour violates constitutional norms, including the Supreme Court’s ‘Restatement of Values of Judicial Life’. The notice requires the signature of 100 Lok Sabha Members to be considered by the Speaker,” Owaisi posted on X.
