New Delhi: Citing a report by ThePrint, the Bar Association of India has condemned remarks made by Allahabad High Court judge Justice Shekhar Kumar Yadav at an event organised by Vishwa Hindu Parishad’s legal cell on 8 December. At the event, Justice Yadav said, “Kathmullah… are fatal for the country,” in an apparent reference to Muslims.
As ThePrint reported earlier, he also said, “You shouldn’t let this desire inside you die down … otherwise it won’t take very long for it to become Bangladesh and Taliban. It is important to publicise it among people that they should recognise themselves and their religion.”
Citing this report, the Bar Association of India has called on Justice Yadav to retract his statements and tender suitable apology for his remarks. They have also urged the Chief Justice of India and other Supreme Court judges to “deal with this issue in a stern and emphatic manner”. The resolution was passed in an emergency executive committee meeting held at 5.30 pm on 9 December, and was made public Tuesday.
The Supreme Court, too, took note of the speech Tuesday.
The Bar Association of India’s resolution noted that “statements such as these seem to be indicative of a larger trend, where judges have followed up such remarks with an entry into local politics”.
The VHP event Sunday was held on high court premises, in the library hall—to which the Bar Association of India has expressed its “strong disappointment and disapproval”.
It asserted that allowing an event to be organised by an outfit which is not connected with the court’s functioning or with the administration of justice, “has the potential to create a false impression that the views expressed in the event have institutional sanction”.
It has, therefore, urged the high court to publicly disassociate itself from any connection with the event and views expressed there. The Bar Association of India also said that events conducted by outfits not concerned with the administration of justice should not be permitted on any court premises, as a matter of principle.
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‘Flagrant violation of oath of office’
The resolution also relied on two more reports, from legal news portals BarandBench and LiveLaw, asserting that the “remarks [by Justice Yadav] are contrary to the principle of secularism as enshrined in the Constitution of India, in flagrant violation of the oath of office of a judge of Constitutional Court and strike at the very foundation of a fair and unbiased judiciary which sustains the Rule of Law.”
It asserts that his remarks “not only call into question his own impartiality and integrity but bring into disrepute the institution of judiciary itself”.
The resolution referred to the principles laid down in the Bangalore Principles of Judicial Conduct 2024, on how judges should conduct themselves.
It highlighted the restraint judges should show, pointing out that judges should refrain from sharing their views publicly on laws the legislature may pass as he may be required to judge the issue in future, leading to a perception of bias.
(Edited by Amrtansh Arora)
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What exactly is the locus standi of the Bar Council of India?
A report in The Print is not conclusive proof of anything. Are there audio and video recordings of Mr. Yadav making such remarks at the event? Are there any other eyewitness who can corroborate what was reported in The Print article?
Just because Ms. Apoorva Mandhani has a thing for such Hindutva idiots does not mean others will milk this opportunity to settle their own personal scores.