By Dr. Gyan Pathak
The current week is crucial for the Chief Justice of India Justice Sanjiv Khanna. He has a new task in hand –making judiciary above suspicion. The task has come on his way through two sets of petitions – the first was relating to the Places of Worship Act, and the second is relating to a sitting judge of Allahabad High Court making Hindutva speeches. Earlier, several judges came under suspicion for aligning with Hindutva forces, during their tenure as judge after retiring or resigning, though by and large, judiciary as a whole still enjoys the credibility of being neutral.
A three-judge special bench headed by CJI Sanjiv Khanna will begin hearing on a batch of petitions challenging the constitutional validity of the Places of Worship (Special Provisions) Act 1991, which Ayodhya Verdict of 2019 by a five-judge bench of the Supreme Court of India had already upheld that bars altering status of any place of worship and maintain the status quo as on August 15, 1947, when India became independent. Though the Places of Worship Act bars entertaining of any case aiming at changing the nature of the places of worship, dozens of cases have been filed in various courts in the country against Mosques and Dargahs (Muslim places of worship), because of a judge on the Ayodhya bench Dr DY Chandrachud had observed in 2022 that the Places of Worship Act does not bar ascertaining of the nature of the place of worship.
Since the CJI who led the Ayodhya bench joined the Hindutva political party BJP after a few months following his retirement and was nominated by the party as Member of Parliament in Rajya Sabha, it gave rise to the suspicion, in the backdrop that the bench directed construction of Ram Temple at the place where Babri Mosque was demolished. The suspicion became stronger with Justice Chandrachud’s oversight of the purpose of the Places of Worship Act allowing cases against Mosques and Dargahs.
Since the Places of Worship Act 1991 held abiding by secularism, a basic feature of the Constitution of India, and the outcome in the case would impact the present and future of the country, the case poses a great challenge before the three-judge special bench. Survival of secularism is at stake which is constitutionally guaranteed.
Communal tensions need to be defused at any cost that has propped up on account of cases being filed against Mosques and Dargahs by Hindutva forces claiming historical injustice to Hindus, while the Places of Worship Act prohibits entertaining new cases. Oversight of the fundamental purpose of the Places of Worship Act committed by a judge paving the way for the flood of cases against Mosques and Dargahs, will have to be dealt carefully by the three-judge bench now.
There is another petition before the CJI Justice Khanna made by the Campaign for Judicial Accountability and Reforms (CJAR) on December 10, 2024 against a sitting judge of Allahabad High Court over his recent Hindutva speech at a Vishwa Hindu Parishad event.
CJAR has urged for an ‘in-house enquiry’ for initiating appropriate action against Justice Shekhar Kumar Yadav whose controversial speech has “raised doubts in the minds of average citizens about the independence and neutrality of the judiciary, given the wide coverage it has received, a strong institutional response is needed.”
CJAR said, “Both his participation in this right wing event as well his statements, are in gross violation of Articles 14, 21, 25 & 26 read with the Preamble of our Constitution. They are discriminatory and violate the basic principles of secularism and equality before the law that is ingrained in our Constitution.”
“Such communally charged statements at a public event, by a sitting judge of the High Court, not only hurt religious sentiments but completely erode faith of the general public in the integrity and impartiality of the judicial institution. Such a speech is also a brazen violation of his oath as a judge where he had promised to uphold the constitution and its values impartially,” the letter emphasized.
As the custodian of the judiciary, the Chief Justice of India Justice Khanna will have an additional responsibility to protect the sanctity of ‘Restatement of Values of Judicial Life’ adopted by the Supreme Court of India in 1997 which is applicable to all judges.
The sitting judge of Allahabad High Court, Justice Yadav had said in the VHP even on December 8 that the country would function according to the wishes of the ‘bahusankhyak’ (the community that has largest population). He said the Uniform Civil Code would soon be implemented and used derogatory slur ‘kathmullah’. He said that Muslim children could not be expected to exhibit kindness and tolerance. Many other objectionable statements were made by Justice Yadav during his speech.
Justice Yadav has been controversial for years, especially after he became and Additional Judge in the Allahabad High Court in December 2019. He was made a Permanent Judge in March 2021, and he is set to retire in March 2026.
It has just been a coincidence, that these two issues have come together before the CJI justice Khanna, whose decisions will make or mar the neutrality and independence of judiciary as well as the fate of secularism in the country, which would in turn impact peaceful existence of all communities, especially Hindus and Muslims. He will have to deliver Justice as enshrined in the Constitution. (IPA Service)
