The Centre on Wednesday night notified about the immediate transfer of Delhi High Court judge Justice S Muralidhar, who pulled the centre, the state government and the Delhi Police over the violence in the national capital. The judge has now been transferred to the Punjab and Haryana High Court.
The notification came hours after the judge questioned the inefficiency of Delhi Police in containing the violence and for not registering FIRs against politicians and others for their hate speeches. He had also held a hearing at midnight at his residence, ordering the Delhi Police to rescue the people admitted in violence-hit north-east Delhi.
‘In exercise of the power conferred by clause (1) of Article 222 of the Constitution of India, the President, after consultation with the Chief Justice of India, is pleased to transfer Shri Justice S Muralidhar, Judge of the Delhi High Court, as a Judge of the Punjab and Haryana High Court and to direct him to assume charge of his office in the Punjab and Haryana High Court,’ the government notification read.
On February 12, the Supreme Court collegium had recommended the transfer of three high court judges, including Justice S Muralidhar who is the third in seniority in the Delhi High Court.
Earlier, the proposal to transfer the judge had recieved a lot of opposition from the Delhi High Court Bar Association. High court lawyers had also abstained from work for a day on February 20.
‘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,’ a resolution by the Bar body read.
Several lawyers, including advocate Prashant Bhushan, took to twitter against the language of the notification and the haste in transferring the judge.
3 transfers were recommended together. But only Justice Murlidhar’s notification issued immediately after he blasted the police in Delhi riots! He is transferred with immediate effect. Normally judges are given about 10 days in a transfer. Vindictiveness&Malafides are writ large! https://t.co/GuUtAsEbMI
â Prashant Bhushan (@pbhushan1) February 27, 2020
A few transfer notifications of recent times would demonstrate that always the judge is given reasonable time to assume office in the transferred posting. The language of Justice Muralidhar’s transfer notification transferring him with immediate effect is unprecedented! pic.twitter.com/TV6Z8iDLRK
â sanjoy ghose (@advsanjoy) February 27, 2020
Justice Muralidhar, known for his bold and firm decisions is also among the few judges who have eradicated with the convention of being addressed as ‘My Lord’ or ‘Your Lordship’.
Among other sensitive cases, he was also a part of the Delhi High Court bench in Naz Foundation v. Govt. of NCT of Delhi case in 2009. The bench had decriminalized homosexuality by scrapping section 377 of the Indian Penal Code in 2009.
Also Read: ‘Can’t Allow Another 1984 Under Our Watch’: High Court Slams Delhi Police Over Violence
