Senior advocates urge CJI to direct CBI action against Allahabad HC judge for hate speech at VHP event

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HC judge says country will run as per majority’s wishes, backs uniform civil code



NEW DELHI: A group of senior advocates on Friday urged Chief Justice of India Sanjiv Khanna to direct the Central Bureau of Investigation (CBI) to file an FIR against Allahabad High Court judge Shekhar Kumar Yadav over alleged hate speech. The advocates cited remarks made by Yadav at a Vishwa Hindu Parishad (VHP) event on December 8, calling for suo motu action.The petition was addressed to the Chief Justice through the Secretary General of the Supreme Court and copied to senior judges, including Justices BR Gavai, Surya Kant, Hrishikesh Roy, and Abhay S Oka.The letter was signed by senior advocates including 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.The top court on December 10 last year took note of news reports over the statements and sought a report from the Allahabad High Court on the issue. Yadav appeared before the collegium headed by CJI Sanjiv Khanna and was asked to put forth his version on the statements made.Earlier this week, Justice Yadav wrote to the Chief Justice of the Allahabad High Court, asserting that he stands by his remarks, which he believes did not breach any judicial conduct principles.In his response to Chief Justice Arun Bhansali, Yadav reportedly stated that his speech was an expression of views on societal issues aligned with constitutional values, and not intended to incite hatred towards any community. Justice Bhansali had sought Yadav’s response after the latter met CJI on December 17.Addressing a provincial convention of the legal cell and high court unit of the VHP at the high court on December 8 last year, among other things, Justice Yadav said the main aim of the uniform civil code was to promote social harmony, gender equality and secularism.Speaking at the event, he had stated that the country would run as per the wishes of the “Bahusankhayak” (majority) and that the Uniform Civil Code (UCC) would soon become a reality.The following day, videos of the judge speaking on provocative issues, including the law working according to the majority, were circulated widely on social media, prompting strong reactions from several quarters, including opposition leaders who questioned his reported statement, labelling it as “hate speech.”The Bar Association of India had also passed a resolution condemning the statements of the high court judge.”The Bar Association of India calls upon the judge to retract his statements and tender a suitable apology for his remarks and urges the Chief Justice of India and companion judges of the Supreme Court to deal with this issue in a stern and emphatic manner. It also emphasises that events conducted by organisations not concerned with the administration of justice as a matter of principle should not be permitted on any court premises,” it said.Notably, Justice Yadav has a history of making controversial statements. In September 2021, he had sparked backlash by claiming that “scientists believe the cow is the only animal that exhales oxygen.” The judge had also called for Parliament to declare the cow as national animal and suggested that cow protection be recognised as a “Fundamental Right of Hindus.”



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