Senior Advocates write to CJI Sanjiv Khanna for FIR against Justice Shekhar Yadav

Thirteen Senior Advocates on Friday wrote to the Chief Justice of India (CJI) Sanjiv Khanna urging him to direct the Central Bureau of Investigation (CBI) to register a first information report (FIR) against Allahabad High Court judge Justice Shekhar Kumar Yadav for his controversial speech at a Vishva Hindu Parishad (VHP) event..The letter addressed to the CJI via the Secretary General of the Supreme Court was also copied to other senior judges of the top court - Justices BR Gavai, Surya Kant, Hrishikesh Roy and AS Oka."Take suo motu notice of the aforesaid speech and in view of the seriousness of the issue, directs the CBI to lodge an FIR against Justice Shekhar Kumar Yadav in accordance with the law laid down in K Veeraswami," the letter said.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..Justice Yadav had 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.."Ostensibly, Justice Yadav was commenting on the Uniform Civil Code, but the entire speech seemed like a cover for spreading hate speech on a public platform. There was nothing academic, legal, or juristic about the contents of the speech," the letter stated.Further, Justice Yadav emphasized a majoritarian perspective on governance, stating that India is governed by the “bahusankhyak” (majority), whose authority must prevail. The lawyers criticised this stance, arguing that it undermines the constitutional principles of equality and justice for all, regardless of religion, and disregards the rights of minorities. .Justice Yadav drew a stark and inflammatory distinction between “ham” (us) and “aap” (them), speaking of “hamari Gita” (our Gita) and “aapki Koran” (your Koran), letter highlighted."This blatantly divisive rhetoric disregards judicial impartiality, with the judge openly aligning himself with one religious community while painting the other in a deeply derogatory light. His use of the derogatory “kathmulla” to refer to a section of Muslims is deeply disturbing," it said..Pertinently, the letter referred to a report in The Indian Express as per which Justice Yadav has stood by his remarks and defended them.In light of the same, the senior lawyers said that action should be taken against the judge for offences outlined under Sections 196 and 302 of the Bharatiya Nyaya Sanhita (BNS) since the speech hurt the religious sentiments of Muslims and carried undertones of promoting enmity between religious groups."The delivery of such communally charged statements by a sitting judge of the High Court at a public event not only undermines religious harmony but also erodes public confidence in the integrity and impartiality of the judiciary," it was stated..The Senior Advocates cited a 1991 Supreme Court judgment in the K Veeraswami case, which held that no criminal case can be registered against a High Court judge, Chief Justice of a High Court or a Supreme Court judge without prior consultation with the CJI. The judgment emphasized that the government must give due consideration to the CJI's opinion.In view of the same, the Senior Advocates urged CJI to take action against Justice Yadav.