Prashant Bhushan Writes To CJI Seeking ‘In-House’ Enquiry Against Allahabad HC Judge SK Yadav For His Remark

Campaign for Judicial Accountability and Reforms (CJAR) on Tuesday wrote to the Chief Justice of India Sanjiv Khanna seeking an “in-house inquiry” into the conduct of Justice Shekhar Kumar Yadav of the Allahabad High Court.

The complaint came in the wake of remarks SK Yadav allegedly made during a Vishva Hindu Parishad (VHP) event. Prashanth Bhushan-led forum in its complaint alleged that Justice Yadav had breached judicial ethics and violated the constitutional principles of impartiality and secularism. The judge had said that the Uniform Civil Code is to promote social harmony, gender equality and secularism.

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“The main objective of the Uniform Civil Code is to promote social harmony, gender equality and secularism by eliminating unequal legal systems based on different religions and communities,” he had said, according to a release issued by the VHP.

He said that the Uniform Civil Code refers to a common law that applies to all religious communities, in personal matters such as marriage, inheritance, divorce, adoption etc.

Bhushan in his letter stated that the Justice had delivered a speech endorsing the Uniform Civil Code while making controversial remarks perceived as targeting the Muslim community.

The CJAR said that Justice Yadav’s participation in the VHP event and his comments constitute judicial impropriety and breach the solemn oath to uphold the Constitution impartially.

According to him, his comment undermines the judiciary’s role as a neutral arbiter and erodes public trust in its independence.

“Justice Yadav also used unpardonable and unconscionable slurs 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,” Bhushan wrote.

The letter highlighted that the judge’s comment violates the “Restatement of Values of Judicial Life,” a code of conduct adopted by the apex court in 1997.

Bhushan citing all the allegations, has demanded an immediate suspension of the judicial work allocated to Justice Yadav and the constitution of a time-bound in-house committee to investigate his conduct.

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“A strong institutional response is needed to restore public faith in the judiciary,” the letter said.

“This speech by Justice Shekhar Kumar Yadav, has raised doubts in the minds of average citizens about the independence and neutrality of the judiciary, given the wide coverage it has received, a strong institutional response is needed,” it added.

Bhushan said that the judiciary must remain a counter-majoritarian institution and ensure fairness and impartiality in its functioning.