Who is Justice Shekhar Yadav? The HC Judge behind the controversial ‘majority rules’ and ‘cow exhales oxygen’ remarks

National Conference leader and Lok Sabha MP from Srinagar, Aga Syed Ruhullah Mehdi will move a notice in the Parliament seeking an impeachment against Allahabad High Court judge Shekhar Kumar Yadav over the latter’s remarks against Muslims at a VHP event.

Justice Shekhar Kumar Yadav of the Allahabad High Court sparked a row when he said the country would function according to the wishes of the majority in India.

Mehdi said on December 10 that he has support from the Congress, the Samajwadi Party, the DMK, and the Trinamool Congress members in the opposition camp for the impeachment motion.

Justice Yadav delivered a lecture on the Constitutional Necessity of Uniform Civil Code at an event organised by the Vishva Hindu Parishad (VHP) in Prayagraj courting a controversy with AIMIM chief Asaduddin Owaisi calling remarks by questioning how a minority party can expect justice from such a judge.

Lawyer and activist, Prashant Bhushan wrote to Chief Justice of India (CJI) Sanjiv Khanna seeking an “in-house enquiry” into the conduct of Justice Yadav.

On December 10, the Supreme Court of India reached out to the Allahabad High Court amid controversy over remarks made by a sitting judge, Yadav. The apex court took note of reports quoting the speech made by Justice Shekhar Kumar Yadav during a VHP event and sought additional details.

Who is Justice Shekhar Kumar Yadav? Yadav, graduated in Law from Allahabad University in the year 1988 and enrolled as an Advocate on September 8, 1990, according to the Allahabad High Court website.

Judge since December, 2019

He practiced law at Allahabad High Court in Civil and Constitutional side and also worked as Additional Government Advocate and Standing Counsel for the state. Justice Yadav worked as Additional Chief Standing Counsel, Senior Counsel of Union of India and Senior Counsel of Railway till elevation. He also worked as Standing Counsel of VBS Purvanchal University.

He took oath as an Additional Judge on December 12, 2019 and as permanent Judge on March 26, 2021.

On December 8, Justice Yadav delivered a lecture on the Constitutional Necessity of Uniform Civil Code at an event organised by theVishva Hindu Parishad(VHP) in Prayagraj.

“I have no hesitation in saying that this is Hindustan, this country would function as per the wishes of the bahusankhyak living in Hindustan. This is the Law. You can’t say that you are saying this being a High Court Judge. The law, in fact, works according to the majority. Look at it in the context of family or society…Only what benefits the welfare and happiness of the majority will be accepted,” he said, speaking at the event, according to the legal news website LiveLaw.

This is not the first time Justice Yadav’s statements have raised eyebrows. His judicial orders and public speeches have often courted attention, polarising public opinion, LiveLaw said.

‘Cows only animals that inhale and exhale oxygen’

In a 2021 judgment, he denied bail to a man accused of cow slaughter, calling for the cow to be declared India’s national animal. In this judgment, he claimed that “scientists believe cows are the only animals that inhale and exhale oxygen.” He also linked cow products, such as panchgavya, to curing incurable diseases and asserted that the nation’s prosperity depended on the welfare of cows.

In one of the cases, Justice Yadav granted bail to a man booked for allegedly insulting Hindu deities on Facebook. He had said that freedom of speech must not infringe upon religious sentiments while suggesting legislative measures to honour sacred texts like the Gita and Ramayana.

Justice Yadav proposed including Gita and Ramayana in school curricula to instil cultural pride, as reported by Live Law. Justice Yadav has also often been seen praising Prime Minister Modi’s initiatives.

During the COVID-19 pandemic, he lauded the free vaccination campaign and even suggested postponing the 2022 Uttar Pradesh elections due to rising concerns over the Omicron variant.