New Delhi: The Supreme Court has sought details from the Allahabad High Court following controversial statements made by Justice Shekhar Kumar Yadav during an event organised by the Vishva Hindu Parishad's legal cell on December 8.
Justice Yadav, addressing the topic of the Uniform Civil Code, asserted that India would function according to the wishes of the majority community, calling it the "law of the land." He further stated that the welfare of the majority population must take precedence.
The remarks included the use of the term "kathmullah," considered a slur, to describe individuals he alleged were harmful to national progress. He also criticised certain practices within the Muslim community, such as animal slaughter during religious ceremonies, claiming it hindered tolerance among children.
Justice Yadav expressed confidence that India would soon enact the Uniform Civil Code, claiming it as a constitutional necessity.
The speech has triggered widespread criticism, with organisations like the Campaign for Judicial Accountability and Reforms (CJAR) filing complaints with the Chief Justice of India. The CJAR demanded an in-house inquiry into the judge's conduct, citing concerns over the judiciary's neutrality and independence.
Hyderabad MP Asaduddin Owaisi and Srinagar MP Ruhullah Mehdi condemned the remarks. Mehdi announced plans to move an impeachment motion in Parliament under Article 124(4) of the Constitution, citing Justice Yadav's statements as grounds for removal.
Senior Advocate Rebecca John called the speech an "assault on the Constitution," emphasising that such conduct is unbecoming of a sitting judge. Calls for the withdrawal of Justice Yadav's judicial duties have also surfaced.
The Supreme Court's administrative wing is currently reviewing the matter.
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Srinagar (PTI): Jammu and Kashmir Chief Minister Omar Abdullah on Friday said there was no justification for the Tamil Nadu governor to stop TVK leader Vijay from forming the government, and he should be provided an opportunity to prove majority in the assembly.
Tamil Nadu Governor Rajendra Vishwanath Arlekar on Thursday rejected TVK chief Vijay's claim to form the government, stating that his party lacks the requisite numbers.
The Tamilaga Vettri Kazhagam (TVK) has fallen short of meeting a simple majority to form the government in Tamil Nadu. Though the Congress with five MLAs has offered support to TVK, Vijay's party falls short of a simple majority of 118 in the 234-member Tamil Nadu Assembly.
Abdullah said there was no justification for President's rule in Tamil Nadu in view of numerous Supreme Court judgements emphasising on inviting the single largest party to form the government and then prove its majority on the floor of the house.
"If we see the Supreme Court judgement, then there should be no President's rule. There are so many cases in which the SC has clearly stated that after the elections, the single largest party should be invited (for government formation) and they should be allowed to prove their majority in the assembly," Abdullah told reporters here when asked about the political situation in Tamil Nadu.
"It happened when (former prime minister) (A B) Vajpayee formed the government for 13 days, the President of India did not wait for him to show his numbers. The President of India invited him, the government was there for 13 days, but when Vajpayee did not have the numbers, he resigned," he said.
So, if we take the SC judgement, the J-K CM added, then the Tamil Nadu Lok Bhavan "has no justification to stop this process".
"Vijay should be allowed to form the government, and then he should be provided an opportunity to prove his majority and if he proves, he will remain, but if not, then he will have to resign," Abdullah said.
To a question on whether there would be impact of the Special Intensive Revision (SIR) in Jammu and Kashmir, the CM said its impact remains to be seen in the rest of the country first as the assembly elections in the Union territory were not due till 2029.
"As of now it (SIR) has happened in Bengal only. Why are you worried about J-K? The elections are not to take place here till 2029. Let us first see its impact in the rest of the country. What we had to suffer (in J-K), we have. We suffered their delimitation, which was done to benefit the BJP and its friends. Let's see what happens in the future," he said.
On the reported remarks of Leader of Opposition in the J-K assembly, Sunil Sharma, that if the chief minister goes for cabinet expansion, then his party, the National Conference (NC), would suffer like the Shiv Sena in Maharashtra and someone like Eknath Shinde would emerge here as well, Abdullah said all his MLAs stand firmly with the party.
"This tells about the intentions of the BJP. 'Aaya Ram Gaya Ram' (turncoats). Eknath Shinde left because the BJP helped him to leave. It is obvious that the LoP is impatient to hold the chair of the chief minister of J-K. I will only tell him that there is no Eknath Shinde in the National Conference. NC's MLAs stand firmly with the party," he said.
Abdullah said the cabinet expansion is on hold because statehood has not been restored to J-K.
"Cabinet expansion is not on hold because of any fear and that is why I regularly say that the LoP proves through statements like this that till the BJP does not get power, they will not allow us to work smoothly and will not make J-K a state again," he said.
Hitting out at the LoP and the BJP, the J-K CM said the people of J-K, especially those who voted for the BJP in the last elections, should remember that the LoP and his party "indulge in the politics of blackmail and the people here are intimidated in the name of statehood".
