Allahabad High Court judge controversy: In a significant development at India’s highest judicial corridor, Chief Justice of India (CJI) Sanjiv Khanna has escalated actions regarding controversial remarks made by Allahabad High Court Justice Shekhar Yadav. The CJI has formally requested a fresh report from Allahabad High Court Chief Justice Arun Bhansali, marking a potential turning point in this high-profile case.
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Key Developments
- The Supreme Court Collegium’s initial meeting with Justice Yadav on December 17 failed to yield an apology or explanation for his statements at a Vishwa Hindu Parishad event.
- Justice Yadav has maintained his position, refusing to retract his comments targeting the Muslim community.
- CJI Khanna has briefed the full court of the Supreme Court about the situation.
Legal Framework and Precedent
The case draws parallel to the 1995 Supreme Court judgment in C Ravichandran Iyer versus Justice A M Bhattacharjee, which established the protocol for handling judicial misconduct. According to this precedent:
- The High Court Chief Justice must verify complaints against judges
- Consultation with the CJI is mandatory in serious cases
- The process allows for confidential inquiries and appropriate action
Potential Consequences
This move could potentially trigger an in-house inquiry mechanism, established in 1997 by the Supreme Court’s full court resolution. This mechanism specifically addresses violations of the ‘Restatement of Values of Judicial Life,’ the court’s ethical code.
The development represents a rare instance of the Supreme Court taking direct action regarding a sitting High Court judge’s conduct, highlighting the judiciary’s commitment to maintaining its integrity and impartiality.
Expert Analysis
Legal experts suggest this could set a significant precedent for handling judicial misconduct cases and reinforcing accountability within India’s judicial system.
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