The Supreme Court has taken note of the media reports and sought “details and particulars” of the controversial speech made by Justice Shekhar Kumar Yadav of the Allahabad High Court at a function on Sunday (December 8) organised by the Vishwa Hindu Parishad (VHP) wherein he had advocated majoritarian rule and used objectionable word “Kathmullahs” for a minority community.

“The Supreme Court has taken note of the newspaper reports of a speech given by Mr Justice Shekhar Kumar Yadav, a sitting judge of the High Court of Judicature at Allahabad. The details and particulars have been called from the High Court and the matter is under consideration,” said a statement issued by the Supreme Court.

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The controversial speech made by the Allahabad High Court judge, Justice Yadav has evoked a strong reaction in the legal fraternity with Campaign for Judicial Accountability and Reforms, Bar Association of India, and others including SCBA President Kapil Sibal condemning it and terming it contrary to the Constitution and its values.

The President, Supreme Court Bar Association (SCBA) and senior advocate Kapil Sibal has called for impeaching Justice Shekhar Kumar Yadav over his recent speech at VHP event.

He said, “Main chahunga ki some jo Satta- Paksh ke log hai woh hamare saath jurein, aur hum ikkatha ho kar iss judge ke impeachment karein.” (I would like the people on the government side to join us and we together impeach this High Court Judge.)

“Hamara Samvidhaan bhi kehta hai ki judiciary independent honi chahiye. Toh mujhe Poora Vishwas hai ki PM, Home Minister aur satta mein Jo MPs hai wohi hamara saath dein. Kyunki agar woh saath nahi dengay toh Aisa lagega ki woh judge ke saath hai”

(Our constitution also requires judiciary to be independent. The PM, Home Minister and other MPs on government side should show support in impeaching else it will look like they are siding the judge)

Seeking setting up of an “in-house committee to inquire into acts of judicial impropriety” by Justice Shekhar Kumar Yadav and “withdrawing all judicial work” from him, the Campaign for Judicial Accountability and Reforms in a letter to the Chief Justice of India, Justice Sanjiv Khanna has said, “Both his participation in the right-wing event as well as his statements, are a gross violation of Article 14, 21, 25, and 26 read with the Preamble of the constitution. They are discriminatory and violative of the basic principles of secularism and equality before the law, that is ingrained in our constitution.”

Taking exception to Justice Shekhar Kumar Yadav attending a function organised by the Vishwa Hindu Parishad – an organisation which has “consistently attacked and does not believe in constitutional values”, the CJAR convenor Prashant Bhushan said, “…Justice Yadav has used unpardonable and unconscionable slurs against the Muslim community, bringing shame and disrepute to the high office of a judge of Allahabad High Court and the judiciary as a whole, besides undermining tule of law, he is meant to uphold.”

The Bar Association of India has also condemned the remarks by Justice Shekhar Kumar Yadav at a VHP event.

“These remarks are contrary to the principle of secularism as enshrined in the Constitution of India, in flagrant violation of the oath of office of a judge of Constitutional Court and strike at the very foundation of a fair and unbiased judiciary which sustains the Rule of Law.”

Justice Shekhar Kumar Yadav on a speech at the VHP function on December 8, had said, “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.”

He reportedly used a slur for the Muslim community terming them as “kathmullah”. Referring to extremists as “kathmullah”, he had 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 had reportedly said at the VHP gathering.

He also went on to say 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.