There is no doubt that Justice Shekhar Kumar Yadav of the Allahabad High Court must be impeached immediately and summarily dismissed!
On December 8, Justice Yadav, a sitting Judge of the Allahabad High Court, addressed the Vishwa Hindu Parishad (VHP) legal cell in Allahabad High Court on 'Uniform Civil Code–A Constitutional Imperative.' Throughout his speech, Yadav argued in favour of a Uniform Civil Code and demanded changes in Muslim personal laws.

In his speech, which smacked of blatant 'majoritarianism' he said that India should function according to the wishes of the "majority," meaning the Hindus. Yadav began his speech by saying that "Gai [cow], Ganga and Gita" epitomised Indian culture. While asserting to the audience that their Hindu identity was their primary identity, Justice Yadav assured the VHP gathering that as the Ram Mandir was constructed in Ajodhya after years of "sacrifices by our ancestors," the Uniform Civil Code would also become a reality soon.

"Did you imagine seeing the Ram Mandir with your own eyes? But you did see it. Many of our ancestors made sacrifices for it, in the hope of seeing Ram Lalla freed and witnessing the construction of a grand temple. They couldn't see it but did their part and now we are witnessing it," said Yadav. On similar lines, he said, the country would soon get a UCC. "That day is not very far," he emphatically declared.

Justice Yadav referred to the 'evils' in Muslim society, commenting that Muslim children could not be expected to be "tolerant" and "generous" as they are exposed to violence, "the slaughter of animals" from an early stage. In comparison, Yadav said, Hindus were taught about kindness from an early age, and hence, their children had non-violence and tolerance ingrained in them. In his speech, Justice Yadav used the derogatory term "kathmullah" (chopped mullah, a slur against Muslims alluding to their circumcision) while asserting that Muslim children raised witnessing animal slaughter could not exhibit kindness or tolerance. These remarks are troubling not only for their crassness but also for their stark communal bias, which raises questions about impartiality in his judicial conduct.

This bias is evident in several of his judicial orders, which are not only controversial but also downright prejudicial; they include the State of Uttar Pradesh versus Javed, where Justice Yadav denied bail to a Muslim man accused of cow slaughter. In this Order, Justice Yadav's reasoning went beyond legal analysis. He stated that cows should be declared India's national animal.

His order, written in Hindi, included scientifically baseless claims, such as "scientists believe that cows are the only animals that inhale and exhale oxygen." He further extolled the virtues of panchgavya (a concoction made from the dung, urine, milk curd and ghee of cows), claiming it could cure incurable diseases and calling for laws to criminalise the consumption of cow meat. His observation that "jab gaay ka kalyaan hoga, tabhi desh ka kalyaan hoga" (The nation will prosper when the cow prospers) starkly illustrates how his personal beliefs seep into judicial decisions. Yadav also advocated for cow protection to be made a fundamental right for Hindus, suggesting, "The right to life is above the right to kill," implying criminalising beef consumption and ironically disregarding the rights of "others."

Naturally, there is an overwhelming national outrage at the judge's utterances. With the exception of the Hindutva brigade, citizens from across the spectrum have unequivocally condemned him. The Supreme Court has demanded a report on the event and his speech from the Allahabad High Court. Several Members of Parliament in the Rajya Sabha and Lok Sabha are introducing a motion for his impeachment. They are clearly accusing the judge of 'hate speech and incitement to communal harmony,' which are violative of the Constitution.

Prashant Bhushan, the legal luminaire and the Convenor of the Campaign for Judicial Accountability and Reforms (CJAR), has petitioned the Chief Justice of India, Sanjiv Khanna, demanding the setting up of an in-house inquiry committee to enquire into the acts of judicial impropriety and breach of judicial oath by Judge Yadav. He has also demanded that all judicial work be withdrawn from Yadav until the enquiry against him is completed.

The lengthy letter, among other things, states that "Justice Yadav's blatantly-communal statements betray his inability to act with fairness, impartiality and neutrality in the discharge of his judicial functions… Yadav has used unpardonable and unconscionable spurs against the Muslim community, bringing shame and disrepute to the High Office of a Judge of the Allahabad High Court and the Judiciary as a whole, besides undermining the rule of law, he is meant to uphold…..Justice Yadav's participation in the VHP event as well as his statements were in gross violation of Articles 14, 21, 25 & 26 read with the Preamble of the Constitution…They are discriminatory and violate the basic principles of secularism and equality before the law that is ingrained in our Constitution. Such communally charged statements at a public event, by a sitting judge of the High Court, not only hurt religious sentiments but completely erode faith of the general public in the Integrity and impartiality of the judicial institution."

What Justice Yadav has been consistently saying is, without doubt, just the tip of the iceberg. It is common knowledge today that a fairly large percentage of the judicial system, from small-time lawyers to even those sitting in the Apex court, has become pliant and completely subservient to their political masters. This was not the case prior to 2014. Over the years, the Hindutva brigade has meticulously permeated several sections of the judiciary. An air of majoritarianism seems to pervade this critical section of our democracy. This rot must be stopped immediately. Citizens must wake up at least now before all is lost.

In a hard-hitting editorial, the Indian Express (December 12, 2024) says, "The speech by a sitting judge of the Allahabad High Court on the Uniform Civil Code at an event organised by the Vishwa Hindu Parishad violates the judicial code of conduct, does a grave disservice to the institution to which he belongs, and to the Constitution, he has sworn to uphold. That a sitting judge should hold forth on a complicated and controversial issue that touches political, legislative and judicial domains in a diverse country at the invitation of an organisation that has earned a reputation for targeting minorities by itself makes him tread on thin ice. But what is unambiguously unseemly is the manner in which Justice Shekhar Kumar Yadav does so. Throughout the speech, he speaks of "ham (us)," "aap (them)," "hamaari Gita," and "aapki Koran."

The editorial adds, "evidently, the judge decided to wear his prejudice on his sleeve. But the matter cannot — it must not — end here. The Supreme Court, it is learnt, has sought details from the High Court, civil society organisations have demanded an in-house inquiry, and Opposition leaders have expressed outrage. Their bid to impeach is more reflexive than anything else but a strong and clear institutional response is needed. The judiciary is the custodian of the rights guaranteed by the Constitution. It acts as the bulwark especially for the protections and rights the Constitution also enshrines for minorities. It cannot afford for Justice Yadav to speak for it. Merely distancing itself from him, or taking note, won't do."

The point is, as the guardian and protector of the Constitution of India, will the President of India take suo motu cognisance and impeach the said judge without waiting for a recommendation from the MPs? On the other hand, will the Prime Minister, if he truly cares for all the citizens of the country, prove that what matters most is the wealth of pluralism of our beloved country?

The plain truth is that Justice Yadav has crossed all lines of Constitutional propriety, civil citizenship and human sensitivity! He is a disgrace to us, the people of India! Such persons who are anti-constitutional should not be let off lightly! Undoubtedly, he must be impeached immediately and summarily dismissed now!