Congress terms Justice Muralidhar's transfer 'vendetta'

Justice S Muralidhar of the Delhi High Court was on Wednesday night transferred to the Punjab and Haryana HC, hours after he rebuked the Delhi police for failing to lodge FIRs against the BJP leaders Anurag Thakur, Parvesh Verma and Kapil Mishra for inflammatory speeches.

A notification, issued by the law ministry, transferring him with immediate effect has triggered strong reactions from Congress party and others, including the Bar leaders, who termed the move as “vendetta” and “mala fide”.

Justice Muralidhar’s name was recommended for transfer by the Supreme Court Collegium on February 12. Though, Law Minister Ravi Shankar Prasad claimed the transfer was a “routine affair”, the very timing of the move has raised concern and question marks.

He had on Wednesday questioned why the Delhi Police failed to lodge FIRs against the leaders who made provocative speeches before the violence broke out in northeast Delhi.

Senior advocate and SC Bar Association president Dushyant Dave said the transfer was “mala fide” and “punitive” action by the Centre. Senior advocate and Congress MP A M Singhvi described the move as “unprecedented”.

“To pass an order directing Justice Murlidhar to assume charge at the Punjab and Haryana HC bang in the middle of a sensitive hearing is terribly unprecedented and unheard of. (It is ) shameless interference in an actual inter partes (between the parties) case.

To what lengths is this government prepared to go for its vendetta objects,” Singhvi asked.

The notification of his transfer was contrary to the normal practice of giving 14 days to the transferred judge to take charge. Along with Justice Muralidhar, similar notifications were issued for the transfer of Justice Ravi V Malimath from Karnataka to Uttarakhand HC and Justice Ranjit V More from Bombay to Meghalaya HC.

In a statement, NGO Campaign for Judicial Accountability and Reforms said, “The midnight transfer has nothing to do with “public interest” and everything to do with punishing an honest and courageous judicial officer for simply carrying out his constitutional duties.

Justice Muralidhar has remained as a judge in the Delhi HC, since his appointment in 2006. His transfer to Punjab and Haryana HC was said to have been affected after taking his consent.

He is likely to assume as the chief justice over there on the possible elevation of an incumbent judge, Justice Ravi Shanker Jha to the Supreme Court.

On Thursday, Justice Muralidhar attended the bench in the HC to pronounce a judgement.