Justice Muralidhar, who pulled up Delhi Police over riots, transferred; timing questioned

Justice Muralidhar (Photo: Courtesy Law Live)

By Naz Asghar

Feb 27, 2020

New Delhi: The Ministry of Law and Justice on Wednesday transferred Justice S. Muralidhar of the Delhi High Court to the Punjab and Haryana High Court, which has raised many eyebrows, as the order comes a day on which the judge had pulled up the Delhi authorities over handling of riots in the capital and for not registering FIR in the case of inflammatory speeches made by some BJP leaders.

Recently, the Supreme Court Collegium had recommended the transfer of Justice Muralidhar to the Punjab and Haryana High Court, but the timing of the action on recommendation is being questioned.

Since the gazette notification does not mention the date from which the transfer order would be effective, it is supposed that it comes into force with immediate effect.

Earlier on Wednesday, a high court bench headed by Justice Muralidhar passed a series of orders castigating the Delhi authorities over handling of the violence in North-East Delhi and said that “another 1984-like situation cannot be allowed to happen in the city under its watch.”

”We cant let another 1984 scenario happen in this city, not under the watch of this court, observed Justice Murlidhar making an appeal to the authorities of Delhi Governmet and the Centre to reach out to the victims.

later on Wednesday, a bench comprising Justice Murlidhar and justice Talwant directed the Delhi police to take decision within a day regarding registration of FIR for inflammatory speeches against politicians Athakur, Pravesh Verma, Abhay Verma and Kapil Mishra, who had allegedly incited the violence.

The hearing was on an urgent petition filed by social activists Harsh Mander and Farah Naqvi.

The judge had also ordered safe passage for the collection of the bodies of the deceased, setting up of adequate number of helplines and setting up shelter for people displaced duriung the violence.

At least 32 people have so far lost their lives while over 200 have been injured after clashes between pro and anti-CAA protesters turned violent in North-East Delhi.

The recommendation for transfer of Justice Muralidhar was also opposed by the Delhi High Court Bar Association (DHCBA) and it had February 20 announced a strike against the move.

In a resolution, the DHCBA had expressed its “shock, dismay and outrage” at the decision to recommend the transfer of “one of the finest judges to have adorned the bench.”

The resolution stated, “Such transfers are not only detrimental to our noble institution, but also tend to erode and dislodge the faith of the common litigant in the justice dispensation system. Such transfers also impede free and fair delivery of justice by the honourable bench.”

The Congress has also questioned the Government motive. Congress general secretary Priyanka Gandhi Vadra tweeted: “The midnight transfer of Justice Muralidhar isn’t shocking given the current dispensation, but it is certianly sad & shameful.”

“Millions of Indians have faith in a resilient & upright judiciary, the government’s attempts to muzzle justice & break their faith are deplorable,” she said.

Rahul Gandhi also joined in by tweeting:” Remembering the brave Judge Loya, who wasn’t transferred.”

Judge B.H. Loya was presiding over the Sohrabuddin Sheikh case, when he died in December 2014 at Nagpur under mysterious circumstances.

Earlier, Congress leader Randeep Surjewala said, “BjP feared that the conspiracy of the riots will get exposed and this is the reason why the Justice Murlidhar has been transferred,” adding that the transfer is an attempt to save the BJP leaders against whom Murlidhar had made strong observations.

However, Law Minister Ravi Shankar Prasad has dismissed the criticism, saying that the transfer was done in pursuance of the order of the Supreme Court Collegium .

”Transfer of Hon’ble Justice Muralidhar was done pursuant to the recommendation dated 12.02.2020 of the Supreme Court collegium headed by Chief Justice of India. While transferring the judge consent of the judge is taken. The well settled process have been followed,” he tweeted.

”We respect independence of judiciary. Record of Congress in compromising independence of judiciary, superseding judges even of Supreme Court during Emergency is well known.They rejoice only when the judgment is of their liking otherwise raise questions on the institutions itself,’ the law Minister said.

Justice Muralidhar was also on the Delhi High Court Bench that first legalised homosexuality in 2009 in a case filed by Naz Foundation. He also led the division bench that convicted Uttar Pradesh PAC in the Hashimpura massacre case and Congress leader Sajjan Kumar in 1984 anti-sikh riots..

He has been on the full bench that in 2010 that ruled in favour of disclosing how many SC judges had declared their assets.

Justice Muralidhar had been appointed judge of Delhi High Court in 2006.

–India News Stream