The widely reported speech of Justice Shekhar Yadav, sitting judge of Allahabad High court from the platform of Viswahindu parishad 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 tone and tenure of the speech amounts to hate speech against 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- violation of constitutional oath of office of a judge of the High court.
Democracy is not majoritarianism or religious majoritarianism. His expression and concept of democracy is nothing less than of *Hinduthwa Rashtra*.
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; and the need 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.
All India Lawyers Union expresses strong disagreement and protest against the aforesaid speech made by Justice Sekhar Yadav and earnestly hope that the Hon’ble President of India, Hon’ble Chief Justice of India and the Supreme Court of India would intervene and take necessary remedial action and initiate proceedings against Justice Shekhar Yadav.
Bikas Ranjan Bhattacharya, Senior Advocate
MP (Rajya Sabha)
President
P.V. Surendranath, Senior Advocate
General Secretary
All India Lawyers Union
