Allahabad High Court Justice Shekhar Kumar Yadav in a letter to Chief Justice Arun Bhansali defending his controversial remarks made on December 8, 2024, at the right-wing Vishwa Hindu Parishad (VHP) event in Prayagraj.
His response came a month after the Supreme Court Collegium called him over his remarks targeting the Muslim community of India at the event organised by VHP leaders.
The SC had directed an inquiry into the divisive statements made by Justice Yadav and ordered the Allahabad High Court to submit a comprehensive report on the incident.
Justice Yadav’s defence
In his written reply, Justice Yadav reaffirmed he did not promote hate speech and his utterances were consistent with constitutional values and societal concerns.
He claimed that his words were twisted by various people with “biases” and failed to offer an apology. Justice Yadav claimed that the tables had turned in such cases because judiciary members have nowhere to go or express themselves in their defence.
The letter containing questions for his response also mentioned one of his orders concerning the protection of cows and questions from some activists.
The judge justified his controversial references to cow protection asserting the fact that cow protection is part of the Indian ethic and legal systems. In his letter, he argued that the goal was to present a problem of society rather than use hate speech.
Justice Yadav’s speech
During the event on Sunday, December 8, Justice Yadav made contentious statements against the Muslim community, remarking that the law should reflect “the welfare of the major community”.
In his speech, Justice Yadav said, “I have no hesitation in stating that Hindustan will function as per the wishes of the majority living here. This is the law. It is not about speaking like a High Court Judge; instead, the law works according to the bahusankyak (majority).”
He justified the remarks by saying it is important to refer to persons who are a “danger to the progress of the nation”.
“Lakin Yai jo Khatmullah hai jo…ye sahi shabd nahi hai…lakin kehen mai parhez nahi hai kyunki wo desh ke liye bura hai.. desh ke liye gahtak hai, khilaaf hai, jan ko bhadkane wale log hai…. desh aage na badhe is parkar ke log hai…unse shavdhan rehen ki zaroorat hai. (But these kathmullahs (derogatory term used for Muslims)…this may not be the right word…but I won’t hesitate to say it because they are the bad element in the country…they are against the nation…people who stir conflict. It is them that do not wish the country well and we have to beware of such people),” stated Yadav, stirring controversy.
The SC judge had uttered a series of controversial statements referring to the Muslim community with the slur word “Kathmullah”, a derogatory term often used by Hindutva extremists on social media platforms to insult Muslims.
