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Justice Shekhar Kumar Yadav writes to Allahabad High Court Chief Justice: Stand by remarks, did not violate conduct

Chief Justice Arun Bhansali of the High Court had sought Justice Yadav’s response following the latter’s meeting with the Collegium headed by Chief Justice of India Sanjiv Khanna on December 17.

Justice Shekhar YadavJustice Shekhar Kumar Yadav of the Allahabad High Court wrote to the Chief Justice, saying he stands by his remarks.

A month after he was called by the Supreme Court Collegium over his remarks targeting Muslims at a Vishwa Hindu Parishad event in Prayagraj, Justice Shekhar Kumar Yadav of the Allahabad High Court has written to the Chief Justice, saying he stands by his remarks which, he maintained, did not violate any principle of judicial conduct.

Chief Justice Arun Bhansali of the High Court had sought Justice Yadav’s response following the latter’s meeting with the Collegium headed by Chief Justice of India Sanjiv Khanna on December 17. Earlier this month, The Indian Express reported that the CJI had written to Chief Justice Bhansali, seeking a fresh report on the issue.

It is learnt that the letter seeking his response referred to a complaint against his speech filed by a law student and another by an IPS officer who had been compulsorily retired by the government.

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According to sources, Justice Yadav, in his reply, claimed his speech was being distorted by those with vested interests, and that members of the judiciary who could hardly defend themselves in public needed to be protected by seniors in the judicial fraternity,

Justice Yadav, it is learnt, did not tender an apology for his remarks, maintaining that his speech was an expression of thoughts on societal issues consistent with values enshrined in the Constitution, and not to create hatred towards any community.

On December 8, addressing an event organised by the VHP’s legal cell in the library of Allahabad High Court Bar Association, Justice Yadav had 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.”

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The letter seeking his response also referred to one of his orders relating to cow protection and the questions raised by some activists.

Responding to this, Justice Yadav, it is learnt, has said that cow protection reflects a society’s culture and its significance is duly recognised under the law. Supporting legitimate and rightful sentiment in favour of cow protection cannot be read as violating the principles of justice, fairness, integrity and impartiality, he is said to have pointed out.

Shyamlal Yadav is one of the pioneers of the effective use of RTI for investigative reporting. He is a member of the Investigative Team. His reporting on polluted rivers, foreign travel of public servants, MPs appointing relatives as assistants, fake journals, LIC’s lapsed policies, Honorary doctorates conferred to politicians and officials, Bank officials putting their own money into Jan Dhan accounts and more has made a huge impact. He is member of the International Consortium of Investigative Journalists (ICIJ). He has been part of global investigations like Paradise Papers, Fincen Files, Pandora Papers, Uber Files and Hidden Treasures. After his investigation in March 2023 the Metropolitan Museum of Art, New York returned 16 antiquities to India. Besides investigative work, he keeps writing on social and political issues. ... Read More

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