Should Political Parties Demand Action Against Justice Shekhar Yadav’s Remarks?

Synopsis
Key Takeaways
- AIMPLB calls for political action against Justice Yadav.
- Concerns over judicial impartiality highlighted.
- The importance of secularism in India is emphasized.
- Supreme Court seeks a report on the issue.
- Political parties urged to act within constitutional frameworks.
Lucknow, June 26 (NationPress) The All India Muslim Personal Law Board (AIMPLB) has formally reached out to political parties urging them to advocate for action regarding the 'controversial' remarks made by Justice Shekhar Yadav of the Allahabad High Court, as confirmed by a Board representative on Thursday.
AIMPLB General Secretary Mohammed Fazlur Rahim Mujaddidi stated that Justice Yadav’s comments on December 8, 2024, represented a misguided and twisted interpretation of secularism, influenced by his own strong religious beliefs.
In the correspondence addressed to political entities, he expressed: 'The Board is concerned that for the past six months, no substantial action has been taken on this matter. It seems the political class has not regarded this issue with the seriousness it deserves.'
Justice Yadav allegedly proclaimed that India should operate according to the desires of the majority, making statements perceived as targeting the Muslim community. A video of the address gained significant traction on social media platforms.
Subsequently, the Supreme Court acknowledged the situation and requested a report from the Chief Justice of the High Court.
'It is essential to remind all political parties that the constitutional culture, as outlined by the Constitution of India, 1950, does not allow a Judge of a Constitutional Court to display partisanship while serving in the capacity of a sitting Judge,' said the AIMPLB representative.
The Board’s Office Secretary Vaquar Uddin Latifi shared parts of Mujaddidi’s letter, which noted: 'The Honorable Judge seems to have overlooked his esteemed position and neglected the principles of a secular state.'
'The Constitution advocates for equal treatment of every citizen regarding their practices, many of which stem from their religious and cultural backgrounds. This is the essence of secularism in our nation—not the skewed definition by the Honorable Judge, distorted by his personal religious consciousness.'
The right to practice faith and religion is a crucial component of the social fabric. Mujaddidi indicated that many Muslims also believe that religious practices in personal relationships hold importance.
'The Honorable Judge appears to have lost sight of the fact that his strong religious biases targeting a specific faith, under the guise of his interpretation of constitutionalism, could undermine the rule of law.'
'As a member of a Constitutional Court, it is imperative to maintain neutrality; however, the Judge has pushed his personal agenda, promoting a flawed version of constitutionalism that contravenes constitutional principles and necessitates urgent intervention from the established constitutional framework.'
Regardless, the diversity and inclusivity inherent in our nation do not allow a Judge to take a stance as Justice Yadav has. Therefore, it is crucial for political parties to address this issue through the legitimate processes outlined in the Constitution of India, he stated.
Mujaddidi’s letter emerges at a time when senior advocate and Rajya Sabha member Kapil Sibal has vocally criticized Rajya Sabha Chairman Jagdeep Dhankhar for failing to act on an impeachment motion submitted against Justice Yadav nearly six months ago.