Senior Advocates Urge CJI to Direct CBI to Register FIR Against Allahabad HC Judge Over Communal Comments

In a significant move highlighting judicial accountability, a group of senior advocates has written to Chief Justice of India (CJI) Sanjiv Khanna, urging him to take suo motu cognizance and direct the Central Bureau of Investigation (CBI) to register an FIR against Allahabad High Court judge Shekhar Kumar Yadav. The call for action comes in response to Justice Yadav’s alleged communal comments during a Vishwa Hindu Parishad (VHP) event on December 8, 2024.

The Petition: Addressing Judicial Conduct and Secular Integrity

The petition, submitted via email, has been signed by prominent legal luminaries, including Indira Jaising, Aspi Chinoy, Navroz Seervai, Anand Grover, and others. It was addressed to the CJI through the apex court’s secretary-general and copied to senior Supreme Court justices such as Justices BR Gavai, Surya Kant, Hrishikesh Roy, and AS Oka.

The advocates expressed grave concern over Justice Yadav’s remarks, which reportedly targeted specific religious practices under the guise of advocating for a Uniform Civil Code. “While acknowledging that Hindus have reformed traditional practices such as Sati and untouchability, he demanded that Muslims discard practices such as polygamy and triple talaq,” the petition stated. It further criticized the speech as a cover for communal hate speech, lacking any academic or legal basis.

Impact on Judicial Independence and Public Trust

The senior advocates emphasized that Justice Yadav’s remarks violated the principles enshrined in Articles 14, 21, 25, and 26 of the Indian Constitution, alongside the Preamble. They argued that the statements undermined secularism and equality, which are the cornerstones of India’s democratic framework.

The petition underscored the potential harm caused by a sitting judge’s participation in a public event and the delivery of inflammatory statements, stating, “These actions erode public confidence in the judiciary’s integrity and impartiality, while threatening religious harmony in the country.”

Legal Precedent and Procedure for Action Against Judges

The lawyers referred to the Supreme Court’s 1991 ruling in the K. Veeraswami case, which mandates consultation with the CJI before registering a criminal case against a High Court or Supreme Court judge. Highlighting this procedural safeguard, they urged the CJI to initiate an impartial investigation through the CBI.

The petition stated, “An independent and impartial investigation, free from state influence, is essential to uphold the judiciary's credibility and ensure accountability.”

Justice Yadav’s Response

Justice Yadav has reportedly denied the allegations, stating that his comments were misinterpreted and taken out of context. Prior to the petition, Justice Yadav had met with Supreme Court collegium judges, further intensifying the debate surrounding the incident.

Broader Implications for Judicial Accountability

The petition raises critical questions about the balance between judicial independence and accountability. While judges enjoy significant autonomy, the controversy surrounding Justice Yadav highlights the need for a robust mechanism to address instances where judicial conduct is perceived as undermining constitutional values.

This case also brings to the forefront the importance of judicial ethics in fostering public trust. As senior advocates noted, communal rhetoric from a judicial figure not only damages religious harmony but also risks eroding the foundational principles of India’s Constitution.

The petition by senior advocates reflects growing concerns over the judiciary's role in upholding secularism and equality. The demand for CBI intervention underscores the gravity of the allegations and their potential impact on judicial integrity. As the Chief Justice of India deliberates on this unprecedented appeal, the outcome will likely set a significant precedent for judicial accountability in India.

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