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'Unbecoming of a sitting judge': AILU on Justice Shekhar's anti-Muslim rants

The All India Lawyer's Union (AILU) Monday came down heavily on Justice Shekhar Yadav who is in news for his anti-Muslim and ant-Minorities remarks made at a function organised by right wing Hindu organisation Vishwa Hindu Parishad (VHP) in Pragyagraj

Monday December 9, 2024 8:21 PM, ummid.com News Network

New Delhi: The All India Lawyer's Union (AILU) Monday came down heavily on Justice Shekhar Yadav who is in news for his anti-Muslim and ant-Minorities remarks made at a function organised by right wing Hindu organisation Vishwa Hindu Parishad (VHP) in Pragyagraj.

In a statement released for the media, the AILU said Justice Shekhar Yadav's comments were not only against the ethos of the Constitution of India but amounts to hate speech and are unbecoming of a sitting judge.

"The widely reported speech of Justice Shekhar Yadav, sitting judge of Allahabad High court from the platform of Viswa Hindu Parishad (VHP) is against the constitution, its ethos and a direct affront to its basic structure, secularism and independence of judiciary. It tantamounts to sabotaging of independence of judiciary from within", the AILU said in the statement signed by its President and RS MP, Bikas Ranjan Bhattacharya, and the organisation's Secretary and senior lawyer P.V. Surendranath.

"The tone and tenure of the speech amounts to hate speech against the Muslim minority in the name of majoritarian-Hindu religion. His imputations, allegations and expressions against the Muslim minority are of vicious, vitriolic and venomous nature, most unbecoming of a sitting judge of a constitutional court and violation of constitutional oath of office of a judge of the High court", the AILU said.

The AILU issued the statement in response to Justice Shekhar's remarks who said, "India should be run as per the wishes of the majority people living in the country."

Justice Shekhar in his speech also repeatedly used the words "ours" and "theirs" while purportedly referring to "Hindus" and "Muslims".

"Our children are non-violent and tolerant because they read Vedas but their children can't be tolerant as they do animals sacrifice", he said.

Justice Shekhar Yadav of the Allahabad HC appears to have mistaken his role as a guardian of the Constitution for that of a spokesperson at a VHP rally. When the judges trade constitutional values for majoritarian talking rhetoric, the supreme Court must take suo motu notice to… pic.twitter.com/TJ2KUzljw9

— Sasikanth Senthil (@s_kanth) December 9, 2024

"Democracy is not majoritarianism or religious majoritarianism. His expression and concept of democracy is nothing less than of Hinduthwa Rashtra", the organisation said.

The AILU also said that Justice Shekhar's views about the minorities, and especially Muslims, exposes the weakness of collegium system in the matter of selection and appointment of judges.

"This incident once again illustrates and demonstrates the weakness of collegium system in the matter of selection and appointment of judges of the constitutional courts – High courts and the Supreme Court, and to deal with their misdemeanors, not capable of protecting the independence of judiciary."

The AILU also called for an independent constitutional mechanism for selection and appointment of judges of constitutional courts without conceding dominance of the executive or judiciary and giving representation to all stake holders in that independent constitutional autonomous institution.

The organisation also called for the intervention of the President of India and the CJI, urging them to take action against Justice Shekhar.

"All India Lawyers Union expresses strong disagreement and protest against the aforesaid speech made by Justice Sekhar Yadav and earnestly hope that the President of India, Chief Justice of India and the Supreme Court of India would intervene and take necessary remedial action and initiate proceedings against Justice Shekhar Yadav", the organization said.

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