In-house inquiry initiated by CJI against Justice Shekhar Yadav: Justice Hrishikesh Roy

Justice Hrishikesh Roy, who was a part of the Supreme Court Collegium until his retirement on January 31, has revealed that Chief Justice of India Sanjiv Khanna has initiated an in-house inquiry against Allahabad High Court judge Justice Shekhar Yadav for his controversial comments made during a a Vishwa Hindu Parishad event in December last year..In an interview to Bar and Bench, Justice Roy said Justice Yadav was ready to apologise to the Collegium judges in private after he was summoned by the Collegium.The Collegium put its foot down and said that the apology has to be public. He then assured them that he would tender a public apology. However, he apparently had a change of heart and refused to do so.Since the apology never came through, the CJI has started an in-house inquiry, Justice Roy revealed.."There was another incident of another judge making some statements, but of course an apology was made then. But in this case (of Justice Yadav), the apology has not come, although the assurance was given that it would be tendered. Since that has not happened, the CJI has started the in-house inquiry. In private, he said he was ready to apologise to all 5 of us (Collegium judges). He was ready then and there. But he was told that the apology in a closed room would not do, that he must do it in a public forum. When he left, he agreed to do so, but eventually it did not happen," Justice Roy told Bar & Bench.The in-house procedure requires the CJI to first call for a report from the Chief Justice of the concerned High Court and the judge in question. Based on the same, he may constitute a three-member committee to further inquire into the allegations and take further course of action based on the fact-finding committee's report.It is the only other redressal mechanism available against a sitting judge aside from impeachment which is done by parliament. .Justice Yadav sparked controversy on December 8 after delivering a speech at an event organised by the legal cell of Hindu right-wing organisation Vishva Hindu Parishad (VHP).During his lecture on the Uniform Civil Code (UCC), Justice Yadav made controversial remarks asserting that India will operate according to the wishes of the majority population.The judge made a series of other controversial remarks during his speech, including the use of the term "kathmullah," a derogatory slur against Muslims..Justice Yadav was then summoned by the Collegium. Bar & Bench got in touch with Justice Yadav to confirm if he indeed was willing to apologise in private. However, the judge refused to speak on the issue."I said whatever I had to before the Collegium. I cannot speak to media on this. I do not know what happened to the in-house enquiry. I will speak when the time comes," said Justice Yadav..It was reported that Justice Yadav had written to the Chief Justice of the Allahabad High Court, saying that 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 on December 17 last year..The comments made by the sitting judge has led to demands that he be impeached and judicial work be withdrawn from him in the meantime.The Campaign for Judicial Accountability and Reforms (CJAR) has filed a formal complaint with the Chief Justice of India (CJI) demanding an in-house enquiry against Justice Yadav.Members of Parliament (MPs) led by Kapil Sibal submitted an impeachment motion against Justice Yadav to the Rajya Sabha Secretary General over his remarks.Notably, on December 12, the Allahabad High Court announced a major change in the roster of Justice Yadav. Effective December 16, he will only be hearing first appeals - cases arising out of orders passed by district courts, and that too only those filed up to 2010. .Amid calls to impeach Justice SK Yadav, Allahabad High Court Chief Justice changes his roster.Earlier this month, thirteen Senior Advocates wrote to CJI Khanna, urging him to direct the Central Bureau of Investigation (CBI) to register a first information report (FIR) against Justice Yadav for his speech.The letter was signed by Senior Advocates Indira Jaising, Aspi Chinoy, Navroz Seervai, Anand Grover, Chander Uday Singh, Jaideep Gupta, Mohan V Katarki, Shoeb Alam, R Vaigai, Mihir Desai and Jayant Bhushan..In his interview, Justice Roy stated that the present laws were not enough to deal with judges going astray and that impeachment was an "ineffective" method to deal with such a situation. ."Judges of superior courts are protected by so many safeguards so they can render judgments free of fear or favour and that is a fundamental thing - to ensure so that judges act true to their oath and the Constitution. Now the very same protection by law acts as a deterrent for taking action against someone seen as going astray. The only way is the impeachment process, which you and I know is very ineffective. The other process is of in-house inquiry, that is underway here. Taking away judicial work is another option...The present law does not have an effective answer to deal with this kind of situation," he said..[Watch Interview here]