Smt. Brinda Karat, former Member of Parliament and Polit Bureau member of the Communist Party of India (Marxist), has written a letter to the Hon’ble Chief Justice of India, expressing grave concerns about a public speech made by Justice Shekhar Kumar Yadav of the Allahabad High Court. The letter highlights the implications of Justice Yadav’s remarks, delivered at a Vishwa Hindu Parishad (VHP) event, which undermines the principles of judicial impartiality and constitutional values.

We are herewith releasing the text of the letter.

December 9, 2024

Respected Hon’ble Chief Justice of India,

I am taking the liberty to write to you as I consider it my duty to draw your attention to the public speech made by a senior member of the judiciary, a justice of the Allahabad High Court, Justice Shekhar Kumar Yadav. This speech is in the public domain available on YouTube and has also been widely reported in the media today. Since it has been viewed/read by innumerable people and also commented upon on the social media platform X, its impact is undoubtedly much wider than the few hundred who may have been present when he spoke. It is therefore necessary and urgent that the Honourable Chief Justice of India should be apprised of the facts so that action may follow, thus this letter.

On Sunday December 8th, Justice Yadav attended a meeting organised by the Vishwa Hindu Parishad ( VHP) . The official website of the VHP ( vhp.org)  states ” विहिप का उद्देश्य हिंदू समाज को संगठित करना, हिंदू धर्म की रक्षा करना, और समाज की सेवा करना है।” ( (The aim of the VHP is to organise the Hindu samaj, to protect the Hindu samaj and to serve it.)” Whether a senior judicial functionary should at all attend a function of a sectarian organisation is a serious issue. This is the first matter to which I draw the attention of the Hon’ble Chief Justice— the code of conduct for the judiciary.

The VHP meeting was to discuss several issues including the Uniform Civil Code and the Waqf Board Amendment Bill, on conversions. It is well known that these are issues on which communal campaigns are being run including by the VHP. This is the second issue— should members of the judiciary comment publicly on matters that are sub-judice or are being discussed in the legislatures?

Thirdly and most importantly is the actual speech made by Justice Yadav. I give below some parts of the speech which I have taken from the portal Bar and Bench. I have also heard many portions of the speech on various platforms. He said:

“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,” Justice Yadav said.

Further ” Lekin yeh jo kathmullah hai jo…yeh sahi shabd nahi hai…lekin kehne mein parhez nahi hai kyunki woh desh ke liye bura hai…desh ke liye ghatak hai, khilaaf hai, janta ko bhadhkane wale log hai…desh aage na badhe is prakar ke log hai…unse saavdhaan rehne ki zaroorat hai (But these kathmullah… this may not be the right word… but I won’t hesitate to say it because they are harmful to the country…they are detrimental, against the nation, and people who incite the public. They are the kind of people who do not want the country to progress, and we need to be cautious of them),”

He said:

“In our country, we are taught from a young age to respect all living beings, even the smallest animals, and to avoid harming them. This lesson becomes a part of who we are, which is perhaps why we are more tolerant and compassionate, feeling pain when others suffer. But this isn’t the case for everyone. In our culture, children are raised with guidance towards God, taught Vedic mantras, and instilled with the values of non-violence. However, in some other cultures, children grow up witnessing the slaughter of animals, which makes it difficult to expect them to develop tolerance and compassion.”

And again:

“Where the cow, the Gita and the Ganga define the culture, where every home has an idol of Harbala Devi, and every child is Ram – such is my country.”

“Whether you are an advocate, a businessman, or a student, your identity as a Hindu comes first. Anyone who considers this land their mother and themselves as its child is a Hindu. Vivekananda also believed that only a Hindu has the potential to make this country a global leader, and no one else can do so. Never let this aspiration fade.”

“He ended his lecture by saying that while Hindus are known for their non-violence and kindness, it should not be mistaken for cowardice. “(Bar and Bench).

These are some of the statements in his speech.

Honourable Chief Justice, Judges take their oath on the Constitution of India. This speech is a violation of that oath. This speech is a hate speech. This speech is an assault on the Constitution. This speech is an affront to the collective conscience of a secular and democratic country. That it should have been made by a justice of the Allahabad High Court is also an assault on the processes of justice. 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.

Such a member brings disgrace to the bench, to the court, to the judicial system as a whole. There can and should be no place for such persons in a court of justice.

The country would no doubt be grateful for action from the highest court on this issue.

Yours sincerely,

Sd/-

(Brinda Karat)