Justice Hrishikesh Roy, who recently retired from the Supreme Court Collegium on January 31, has shared that Chief Justice of India (CJI) Sanjiv Khanna has launched an internal inquiry against Allahabad High Court judge Justice Shekhar Yadav. This action follows comments by Justice Yadav at a Vishwa Hindu Parishad event in December of the previous year, which stirred controversy.

In an interview with Bar and Bench, Justice Roy disclosed that Justice Yadav had initially expressed his willingness to apologise privately to the Collegium members after being summoned by them. However, the Collegium insisted that the apology be made publicly. Despite agreeing to this condition, Justice Yadav changed his mind and refused to apologise publicly. As a result, since the apology was never delivered, the CJI has initiated the in-house inquiry, as revealed by Justice Roy.

"There was another incident of another judge making some statements, but of course an apology was made then. But in this case (of Justice Yadav), the apology has not come, although the assurance was given that it would be tendered. Since that has not happened, the CJI has started the in-house inquiry. In private, he said he was ready to apologise to all 5 of us (Collegium judges). He was ready then and there. But he was told that the apology in a closed room would not do, that he must do it in a public forum. When he left, he agreed to do so, but eventually, it did not happen," Justice Hrishikesh Roy conveyed Bar & Bench.

The in-house procedure requires the Chief Justice of India (CJI) to first request a report from both the Chief Justice of the relevant High Court and the judge involved. Based on this report, the CJI can form a three-member committee to conduct a more detailed inquiry into the allegations and determine the appropriate course of action based on the committee's findings.

This process is the only internal mechanism available for addressing issues against a sitting judge, apart from impeachment, which is a parliamentary procedure.

The controversy surrounding Justice Yadav began on December 8, when he made remarks during a speech at an event hosted by the legal cell of the right-wing Hindu organisation Vishva Hindu Parishad (VHP). In his address on the Uniform Civil Code (UCC), Justice Yadav made controversial statements claiming that India would function in alignment with the preferences of the majority population.

Justice Shekhar Yadav sparked outrage with his controversial speech, which included using the derogatory term "katmullah" to refer to Muslims. As a result, he was summoned by the Collegium, the top decision-making body of the Supreme Court. Justice Yadav refused to comment when Bar & Bench contacted him to confirm whether he'd be willing to apologise privately.

"I said whatever I had to before the Collegium. I cannot speak to the media on this. I do not know what happened to the in-house enquiry. I will speak when the time comes," stated Justice Yadav.

Justice Shekhar Yadav is standing firm on his controversial remarks, insisting they didn't breach any judicial conduct principles. This came in a letter to Chief Justice Arun Bhansali of the Allahabad High Court, who sought Yadav's response after he met with the Collegium on December 17 last year. Yadav's comments have sparked outrage, with many calling for his impeachment and temporary removal from judicial duties.

The Campaign for Judicial Accountability and Reforms (CJAR) has lodged a formal complaint with the Chief Justice of India (CJI), calling for an internal inquiry into the conduct of Justice Yadav.

In addition, a group of Members of Parliament (MPs), led by Kapil Sibal, has submitted an impeachment motion against Justice Yadav to the Rajya Sabha Secretary General in response to his comments.

On December 12, the Allahabad High Court announced a significant change in Justice Yadav's assignment. Starting on December 16, he will handle only the first appeal cases arising from district court rulings and only those appeals filed up to 2010.