A day after The Leaflet published a story that former Chief Justice of India (CJI) Dr D.Y. Chandrachud had opposed the appointment of Allahabad High Court's Justice Shekhar Kumar Yadav when he was a puisne judge of the Supreme Court, the former has confirmed to legal news portal Livelaw that he had indeed opposed the appointment of Justice Yadav.
“Yes, as a consultee judge, I had strongly opposed his appointment as a judge of the Allahabad High Court. I have read @TheLeaflet.in's piece, where they have reported my letter. However, the collegium was not bound to accept my views,” tweeted Livelaw, quoting Justice Chandrachud.
Justice Yadav is facing condemnation for using slurs against Muslims and for supporting the Uniform Civil Code while speaking at an event organised by Vishva Hindu Parishad.
As many as 55 Rajya Sabha members of Parliament (MP) have written to the Vice President, who is also the chairman of the Upper House of Parliament, to initiate steps to impeach Justice Yadav. Opposition MPs have also accused the judge of having “targeted minorities and displayed bias and prejudice against them” through his speech at the VHP event.
Justice Yadav is facing condemnation for using slurs against Muslims and for supporting the Uniform Civil Code while speaking at an event organised by Vishva Hindu Parishad.
The five-seniormost judges of the Supreme Court, including CJI Sanjiv Khanna, also summoned Justice Yadav on December 17, 2024 for an interaction in order to grant an opportunity to him to explain his position. Before meeting the judge, the Supreme Court also sought a report about the incident from the Allahabad High Court.
According to multiple reports, unconvinced with the judge’s explanation, the Supreme Court Collegium reportedly told him to be careful with his public utterances.
The CJI, Justice Sanjiv Khanna, also reportedly briefed the full court about the Supreme Court Collegium’s interaction with Justice Yadav. However, the matter is still not settled and the Supreme Court is adopting a wait-and-watch approach.
On September 25, 2018, a collegium comprising the then CJI Dipak Misra and Justices Ranjan Gogoi and Madan B. Lokur had deferred the proposal— along with other names— to appoint Yadav as a judge of the Allahabad High Court.
On February 12, 2019, a collegium comprising the then-CJI Ranjan Gogoi and Justices A.K. Sikri and S.A. Bobde recommended that the government appoint Yadav as an additional judge of the Allahabad High Court.
On December 12, 2019, Yadav was appointed as judge of the Allahabad High Court. Later, on March 5, 2021, a collegium headed by the then CJI S.A. Bobde recommended making Yadav a permanent judge of the Allahabad High Court.
On September 25, 2018, a collegium comprising the then CJI Dipak Misra and Justices Ranjan Gogoi and Madan B. Lokur had deferred the proposal to appoint Yadav as a judge of the Allahabad High Court.
It was brought to the public domain by The Leaflet on December 19, 2024 and confirmed by Justice Chandrachud himself a day later that he had written a letter as consultee judge (since he was a former Chief Justice of the Allahabad High Court), pointing out Yadav’s inadequate work experience, his links with the Rashtriya Swayamsewak Sangh (RSS), the ideological parent of the Bharatiya Janata Party (BJP), and, most importantly, his closeness to a (then) BJP Rajya Sabha MP, who is currently a Union minister.
“He is not suitable for appointment as a judge of the High Court,” Justice D.Y. Chandrachud had summed up at the end of his note about Yadav.
Here is what Justice Chandrachud wrote: “The candidate is an assistant government advocate. His work experience is inadequate though he is 54 years of age. He is an average lawyer. He is an active member of the Rashtriya Swayam Sewak Sangh. Presently additional CSC. He is close to (name held back by The Leaflet), who is a BJP RS [Rajya Sabha] member.
“He is also close to Dr L.S. Ojha, who is a member of the BJP media cell. It is reported that the candidate has been recommended by Shri Ashok Mehta, former Additional Solicitor General at Allahabad High Court because of his political affiliations. He is not suitable for appointment as a judge of the High Court.”