Former CJI DY Chandrachud (file photo)
Allahabad High Court judge Shekhar Kumar Yadav made objectionable remarks, if Supreme Court committee takes notice of him while promoting Justice DY Chandrachud dissent, he would not be a judge. Justice Chandrachud had not yet become the Chief Justice of India at that time. According to sources, on February 14, 2018, the High Court Committee headed by the then Chief Justice Dilip Babasaheb Bhosale recommended the lawyer candidates for promotion to the Allahabad High Court Judge. It also includes the name of Justice Yadav who made the objectionable remarks.
According to sources, Justice DY Chandrachud at that time strongly opposed the proposal to promote Yadav’s lawyer to the bench. In fact, Justice Chandrachud served as the Chief Justice of the Allahabad High Court before being elevated to the Supreme Court. According to sources, this is why the opinions and comments of lawyers are being sought on the appointment of High Court judges. However, a Supreme Court bench comprising then CJI Ranjan Gogoi and Justices AK Sikri and SA Bobde ignored Justice Chandrachud’s comments during a meeting held on February 12, 2019.
‘Lawyer Yadav not fit for appointment’
Sources revealed that the committee has decided to recommend nine other candidates, including lawyer Yadav (now the chief justice). The government has since approved the appointment. Advocate Yadav was appointed as Additional Judge of Allahabad High Court on December 12, 2019, and became a permanent judge on March 26, 2021. He plans to retire on April 15, 2026.
The then CJI Deepak Mishra asked Justice Chandrachud to provide an assessment of the 33 lawyers recommended by the High Court Committee for appointment as high court judges. In a letter to the CJI on August 13, 2018, Justice Chandrachud took note of Yadav’s inexperience, his association with the Rashtriya Swayamsevak Sangh (RSS) and his association with the (then) BJP Rajya Sabha MP, who is currently a BJP MP. Union Minister. These aspects were pointed out.
Justice Chandrachud, in his note on the appointment of Yadav’s lawyer, also briefly stated that he was not suitable to be appointed as a high court judge. Justice Chandrachud wrote that the candidate was an assistant government lawyer. Although he is 54 years old, his work experience is not enough. He is a lay lawyer and an active member of Rashtriya Swayamsevak Sangh. There are currently additional CSCs. He is also close to Dr LS Ojha, a member of the BJP media cell.
Decision on appointment of 16 lawyers including Yadav postponed
It is reported that the candidate was recommended by Ashok Mehta, former Solicitor General of Allahabad High Court due to his political stance. A three-judge bench of the Supreme Court, comprising then CJI Dipak Misra, CJI-designate Ranjan Gogoi and Justice Madan B Lokur, met on September 25, 2018 to consider the appointment of 16 lawyers, including Yadav, as judges . The decision was postponed.
Justice Chandrachud supported the candidature of only six lawyers out of 33 recommended by the Allahabad High Court committee. Before his elevation to the Supreme Court, Justice DY Chandrachud had pointed out Justice Yadav’s links with the RSS and the BJP. While the Supreme Court collegium decided to recommend 17 of the 33 names, the rest were put on hold for reconsideration at a later stage.
