Allahabad judge S.K. Yadav’s ‘free’ speech invites impeachment, SC notice

Sitting Allahabad High Court judge S.K. Yadav, who once notoriously said that ‘holy cows’ inhale and exhale oxygen, has been in the news very recently again for his objectionable and derogatory remarks about the Indian Muslim community and its ‘rightful place’.

On 8 December, Sunday, Justice Yadav was present at an event organised by the Vishwa Hindu Parishad (VHP) and lectured the gathering on the 'Uniform Civil Code: A Constitutional Necessity'. He asserted that the country should and would function as per the wishes of the majority (bahusankhyak) — the Hindus. He declared that he was "taking an oath" that the Uniform Civil Code should soon be implemented in the country as he recounted the "sacrifices our (Hindu) ancestors made" for the Ayodhya Mandir.

“I have no hesitation in stating that this is Hindustan, and this country will function according to the wishes of the majority living here. This is the law. It is not about speaking as a High Court Judge; rather, the law operates in accordance with the bahusankyak (majority). Consider this in the context of a family or society — only what ensures the welfare and happiness of the majority will be accepted,” he said.

His hateful rhetoric that paints the majoritarian casteist Hindu society as victims isn't new, but of course, he didn't stop there. Yadav referred to the country's Muslim community with the derogatory slur 'kathmulla'.

Now, Jammu and Kashmir MP Ruhullah Mehdi has threatened Shekhar K. Yadav with an impeachment motion, for "overtly [expressing] a preference for a particular religious majority and their cultural practices" — which, the MP holds, is in "violation of the foundational principles of judicial conduct and the constitutional mandate".

At the same time, in a significant development, the Supreme Court has today, 10 December, taken suo motu notice of news reports on Yadav's speech at the VHP function and sought details from the Allahabad High Court.

Mehdi makes a point in his X post announcing his intention to pursue this in Parliament of the "unbecoming, derogatory language" Yadav used for the Muslim community, perpetuating negative stereotypes, and revealing "political biases... and deep-rooted communalism", which stand in opposition to Article 14 of the Constitution.

He notes too that he, a member of the Jammu and Kashmir National Conference, has spoken to several Opposition MPs of the Indian National Congress, the Samajwadi Party, the DMK and the All-India Trinamool Congress, soliciting support — and seven of them had already signed. These are AIMIM chief Asaduddin Owaisi; Rajkumar Roat, an MP from Rajasthan of the Bharat Adivasi Party; Sudhama Prasad, a Bihar MP from the CPI(M-L); and Uttar Pradesh's Mohibbullah Nadvi and Ziaur Rahman Barq of the Samajwadi Party.

The Supreme Court's official statement, amid clamour on social media tagging CJI Sanjiv Khanna, notes that the apex court ‘has taken note of the newspaper reports of a speech given by Mr Justice Shekhar Kumar Yadav, a sitting judge of the High Court of Judicature at Allahabad. The details and particulars have been called from the High Court and the matter is under consideration (sic).’

At the address in the VHP-led gathering, Yadav had also said that Muslims are against the development of the nation and do not exhibit compassion because of their exposure to animal slaughter, which they have witnessed since childhood.

It should be noted, of course, that the honourable justice had little to say of the vast majority of Indians who are indeed both Hindus and include flesh in their diet, and are thus presumably just as familiar with slaughter and animal carcasses.

Yadav has an impressive track record of making many such objectionable and openly partisan remarks.

In July 2021, Justice Yadav denied bail to one Javed, who was accused of unlawfully converting a woman to Islam. He observed that there is no place for religious fanaticism, greed and fear in the country and that 'if a person from the majority community converts his/her religion after getting insulted, then the country becomes weak and the destructive powers source benefits from it'.

In September 2021, Justice Yadav not only denied bail to the accused in a cow slaughter case but opined that cows should be declared as the national animal and cow protection should be kept as a fundamental right of Hindus.

In the order, written in Hindi, he described the many virtues of the cow to corroborate his opinion that it deserved to be the national animal.

"Scientists believe that cow is the only animal which inhales and exhales oxygen," Justice Yadav had observed in the order.

"Panchgavya, which is made of cow milk, curd, ghee, urine and cow dung, helps in the treatment of several incurable diseases," the judge went on to say. He further observed that it is a tradition in India to use ghee made of cow milk during yajnas because "this gives special energy to sunrays, which ultimately causes rains".

"Jab gaay ka kalyaan hoga, tabhi desh ka kalyaan hoga (only if the cow is properly taken care of will the country prosper)," his order had stated.

He had further observed in the order that no one can claim a fundamental right to eat beef. He did not inform the court or any other gathering where anyone had claimed this right or whether it was a fundamental right of any community to inveigh against the slaughter of a national animal.

In October 2021, granting bail to one Akash Jatav, booked for an FB post allegedly against the Hindu gods Ram and Krishna, Justice Yadav stressed that no one has the right to hurt the religious sentiments of others under the guise of the right to freedom of speech and expression. Why? Because Lord Rama and Krishna reside in the hearts of all Indians, he said.

He referred to the Supreme Court's decision in the Ram Janmabhoomi dispute and said it was in favour of those who believe in Ram.

Justice Yadav also said that the Parliament should pass a law on respecting and honouring Shri Rama, Shri Krishna, the Gita, the Ramayana, Maharshi Valmiki and Maharishi Ved Vyas as they are part of India's culture and tradition.

He is also a supporter of the movement that wants to include at Hindu religious scriptures like the Gita and Ramayana in school curriculums.

The latest spate from Yadav has drawn the attention and censure of several other Opposition leaders as well as members of civil society.

On 8 December, CPI(M) leader Brinda Karat wrote to the CJI stating the judge's speech was a violation of his oath, saying there was "no place for such persons in a court of justice".

Prashant Bhushan, veteran lawyer and convenor of the NGO Campaign for Judicial Accountability and Reforms, on Tuesday, 10 December, also wrote a letter to CJI Khanna seeking an "in-house enquiry" into the conduct of Allahabad HC judge, alleging that Yadav had breached judicial ethics and violated the constitutional principles of impartiality and secularism.

According to Bhushan, the remarks undermined judiciary's role as a neutral arbiter and eroded public trust in its independence.

'A strong institutional response is needed to restore public faith in the judiciary,' his letter said. 'We call upon your office sir to restore the faith of the people in the institution of the judiciary by immediately setting up an in-house committee to enquire into acts of judicial impropriety by Justice Yadav and by withdrawing all judicial work from Justice Yadav.'

Bhushan is far from an outlier, with the Bar Association of India also having passed a resolution condemning the statement 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,' the statement reads.

With PTI inputs