Law

Brinda Karat Urges CJI to Address Alleged Hate Speech by Allahabad High Court Judge

In a letter, Karat labelled the speech as a hate-filled attack on the constitutional values of secularism and equality.

Brinda Karat Urges CJI to Address Alleged Hate Speech by Allahabad High Court Judge

Justice Shekhar Kumar Yadav (left) during his speech at a VHP event and Brinda Karat

Brinda Karat, Polit Bureau member of the Communist Party of India (Marxist) or CPI(M), has written to the Chief Justice of India (CJI), Justice Sanjiv Khanna, expressing serious concerns over a controversial public speech delivered by Justice Shekhar Kumar Yadav of the Allahabad High Court.

Speaking at an event organized by the Vishwa Hindu Parishad (VHP) in Prayagraj on Sunday, (December 8), Justice Yadav’s remarks have raised questions about judicial impartiality and adherence to constitutional values.

In his speech, Justice Yadav asserted that India will function according to the wishes of the "majority," referring explicitly to the Hindu community. He stopped just short of endorsing the Bharatiya Janata Party’s provocative slogan for Hindu unity, "Ek rahenge toh safe rahenge" (United we are safe).

Justice Yadav used the contentious term "kathmulla" to describe certain Muslims, criticizing practices such as polygamy and triple talaq, which he labeled as "fatal" to the nation.

Additionally, he commented on cultural upbringing, suggesting that Muslim children exposed to practices like animal slaughter were inherently less "tolerant" and "generous" compared to Hindu children, who he claimed were taught kindness and non-violence from an early age.

In her letter, Karat strongly condemned Justice Yadav's remarks, describing them as a violation of his judicial oath and an act of hate speech that undermines constitutional principles. She noted that the speech is not only a direct affront to the secular and democratic values enshrined in the Constitution but also an attack on the integrity of the judiciary itself.
 
“No litigant can hope for justice in a court in which a member holds such a biased, prejudiced, publicly expressed opinion against the minority community and in favour of a majoritarian approach,” Karat emphasized.

Karat questioned whether it was appropriate for a sitting judge to comment on issues that are either sub-judice or under legislative discussion. She labelled the speech as a hate-filled attack on the constitutional values of secularism and equality.

Highlighting the dangers of prejudice within the judiciary, Karat argued that such statements erode public trust in the justice system.

Karat also urged the CJI to take immediate and appropriate action against Justice Yadav, stating that such remarks compromise the judiciary’s integrity and threaten the secular fabric of the nation. 

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