Sr advocates urge CJI to direct CBI to lodge FIR against Allahabad HC judge for 'inflammatory speech'

In a letter, the lawyers asked the CJI and other senior judges to take suo motu notice of communal comments reported to have been made by the judge during a programme on December 8.

New Delhi: A group of senior advocates on Friday urged Chief Justice of India Sanjiv Khanna to direct the CBI to register an FIR against Allahabad High Court Judge Shekhar Kumar Yadav for his "inflammatory speech" delivered at a VHP event.

In a letter, the lawyers asked the CJI and other senior judges to take suo motu notice of communal comments reported to have been made by him during the programme on December 8.

"This letter is being written in light of the seriousness of the matter impacting the independence of the judiciary, and in light of the fact that an investigation is required to be impartial and independent of the State, to take suo moto note of the cognizable offences committed by the said judge and make a reference to the CBI to lodge an FIR to prosecute Justice Yadav," they said.

They said Yadav’s comments raised serious concerns about the role of the court as the guardian of the Constitutional values of equality and fraternity for all Indians regardless of community or creed.

"Justice Yadav’s speech has imprints of multiple offences described under Sections 196 and 302 of the Bharatiya Nyaya Sanhita (BNS). The speech not only wounds the religious feelings of Muslims, as defined under Section 302 of the Sanhita, but it also has the undertones of promoting enmity between different groups on grounds of religion," the lawyers said.

They also cited a news report stating that Yadav stood by and justified his remarks.

"The delivery of such communally charged statements by a sitting judge of the High Court at a public event not only undermines religious harmony but also erodes public confidence in the integrity and impartiality of the judiciary," they stated.

The letter was written by senior advocates, including Indira Jaising, Aspi Chinoy, Navroz Seervai, Anand Grover, Chander Uday Singh, Jaideep Gupta, Mohan V Katarki, Shoeb Alam, R Vaigai, Mihir Desai, Jayant Bhushan, Gayatri Singh and Avi Singh.