The Supreme Court on Tuesday, December 10, took suo motu cognisance of controversial remarks made by Allahabad High Court sitting judge Shekhar Kumar Yadav at an event organised by right-wing organisation Vishva Hindu Parishad (VHP), where he promoted majoritarian views and targeted the Muslim community of India.
SC action
The move comes after several political leaders, including All India Majlis-e-Ittehadul Muslimeen (AIMIM) leader Asaduddin Owaisi and former MP Brinda Karat, underlined that such comments erode the judiciary’s neutrality and objectivity. Karat stressed that judges should be constitutionalists and have no attitudes toward minorities.
In response to this uproar, the SC has directed an inquiry into the divisive statements made by Justice Yadav and has ordered the Allahabad High Court to submit a comprehensive report on the incident.
“The details and particulars have been called from the High Court, and the matter is under consideration,” remarked the Supreme Court.
Justice Yadav’s speech
During the event on Sunday, December 8, Justice Yadav made contentious statements against the Muslim community, remarking that the law should reflect “the welfare of the major community”.
In his speech, Justice Yadav said, “I have no hesitation in stating that Hindustan will function as per the wishes of the majority living here. This is the law. It is not about speaking like a High Court Judge; instead, the law works according to the bahusankyak (majority).”
The judge uttered a series of controversial statements referring to the Muslim community with the slur word “Kathmullah”, a term often used by Hindutva extremists on social media platforms to insult Muslims.
He justified the remarks by saying it is important to refer to persons who are a danger to the progress of the nation. “Lakin Yai jo Khatmullah jai jo…ye sahi shabd nahi hai…lakin kehen mai parhez nahi hai kyunki wo desh ke liye bura hai.. desh ke liye gahtak hai, khilaaf hai, jan ko bhadkane wale log hai…. desh aage na badhe is parkar ke log hai…unse shavdhan rehen ki zaroorat hai. (But these kathmullahs… this may not be the right word… but I won’t hesitate to say it because they are the bad element in the country… they are against the nation…people who stir conflict. It is them that do not wish the country well and we have to beware of such people),” stated Yadav, stirring controversy.
Advocacy for UCC
Justice Yadav further defended his comments by arguing on topics like the Uniform Civil Code (UCC) and expressed his strong opposition to practices such as polygamy and triple talaq. “You can’t claim the right to have four wives… This right will not work.”
He claimed that these laws were disrespectful towards women. “You cannot ill-treat a woman who has been revered as a goddess in our shastras and Vedas. You can’t even go to court and say that you need four wives, you cannot even practice halala, nor can you perform triple talaq. You say we have the right to say ‘triple talaq,’ and not pay in maintenance to women. This right will not work,” he said.
Further supporting his stance on UCC, he claimed that the main aim of the code is to promote social harmony, gender equality, and secularism.
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