What happened on the appearance of Justice Yadav in the collegium meeting, CJI Khanna told the full court of the Supreme Court.

New Delhi: Chief Justice Sanjiv Khanna placed Justice Shekhar Yadav’s case before the full court. The collegium had met Justice Yadav. The controversial statements of Justice Yadav were discussed. The collegium has asked him/her to tender a public apology. After this Justice Yadav wants to give clarification on his/her statement. The collegium will consider the next step. The collegium of top five judges headed by CJI Khanna had met Justice Yadav on Tuesday. The full court met to discuss the issue of appointing retired high court judges as senior advocates. CJI also raised the issue of Justice Yadav. According to sources, the matter is still ongoing and no decision has been taken. The full court was merely told that a meeting had taken place.

Will Shekhar Yadav apologize?

Another source said that in Tuesday’s meeting, the collegium had told Justice Yadav that a public apology was necessary to put the matter to rest. But Justice Yadav wanted to make it clear in any future public forum that his/her comments were not taken in the true sense. The collegium will wait for a few days before considering the next step. In judicial circles the CJI’s discussion of the issue with the full court is being seen as an attempt by the collegium to take the court into confidence on the seriousness of the matter and the next steps. The collegium has several options, ranging from transfer of the judge to initiating an internal inquiry. The process of internal inquiry under the Judges Inquiry Act is a step before the President can recommend the removal of a judge.

What was that controversial statement?

Justice Yadav had said in the VHP program that there are seeds of tolerance in Hinduism which are not there in Islam. he/she also said, “I have no hesitation in saying that this is Hindustan… and the country will run according to the majority living in Hindustan.” There was a lot of controversy over this statement. Opposition parties had demanded impeachment against Justice Yadav.

It remains to be seen what action the collegium takes in this matter. Justice Yadav may be transferred or an internal inquiry may be initiated against him/her. If the internal investigation finds him/her guilty, the President may be recommended for his/her removal. This case is a major test for the independence and impartiality of the judiciary. It remains to be seen how the CJI and the Collegium resolve this matter.