CJI Khanna briefs full court of SC on Collegium meeting with Justice Yadav

The full court meeting was held to discuss the issue of designating retired judges of the High Court as senior advocates. However, the CJI is learnt to have brought up the issue of Justice Yadav.

“It is very much an ongoing issue and no decision has been made. The full court was just told that the meeting had taken place,” a source said.

Another source said that at the meeting Tuesday, the Collegium had told Justice Yadav that a public apology on record was needed to put the issue to rest. But he wanted to clarify from a public platform at a future date that his remarks had not been taken in the proper spirit.

It is learnt that the Collegium will wait for a few days before deliberating on the next steps. The CJI discussing the issue with the full court is seen by those in the judicial circles as an indication of the Collegium’s seriousness of the issue and an attempt to “take the court into confidence” on the next steps.

Before the Collegium are options ranging from transfer of the judge to initiating an in-house inquiry. The process of an in-house inquiry under the Judges Inquiry Act is a precursor to recommending the judge’s removal to the President.

Speaking at an event organised on December 8 by the VHP’s legal cell on the premises of the Allahabad High Court, Justice Yadav had targeted Muslims and framed the Uniform Civil Code as a Hindu versus Muslim debate where the former had brought in reforms while the latter had 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 this law… that while your first wife is there…you can have three wives… without her consent… that is not acceptable.”

Justice Yadav went on to say that Hinduism had the seeds of tolerance which Islam didn’t. He also said, “I have no hesitation in saying that this is Hindustan… and the country will run according to the majority who live in Hindustan.”