Modi govt muzzling voice of judiciary: Congress on Delhi High Court Judge S Muralidhar's transfer

The manner in which Delhi High Court's S Muralidhar was transferred in a midnight order on a day when a bench headed by him rapped the Delhi police for its failure to act against BJP leaders making hate speeches, has created a political storm with the Opposition parties accusing the government of “muzzling” the voice of the judiciary.

While Law Minister Ravi Shankar Prasad called it a “routine transfer”, the Congress went to town calling it a classic case of "hit-and-run injustice” and alleged that BJP’s “revenge politics” has been exposed.

“The writing is on the wall - disagree with the BJP & you're either killed, transferred, suspended or arrested. Even the judiciary is not spared. Justice has not just been denied, but destroyed. How many judges will you transfer to prevent fair and effective justice?"

“Did you have no way to justify the toxic statements made by the leaders of your own party, so you transferred the judge who ordered the police to investigate the leaders of your party?” Congress chief spokesperson Randeep Surjewala asked at a press briefing at the AICC headquarters.

At the AICC briefing, Surjewala alleged that Modi dispensation was waging a battle of revenge against the judiciary.

“Justice S. Muralidhar of High Court bench ordered registration of FIR against the BJP leaders as per IPC within 24 hours on the basis of the said videos. But in order to save the BJP leaders, the Ministry of Law & Justice transferred Justice S. Muralidhar overnight…. It seems that those who do justice in the country will not be spared”.

Surjewala also cited other incidents of “pressurizing the judiciary” by Modi dispensation and being “vengeful” towards them.

“The appointment of Mr. Gopal Subramaniam, famous lawyer of Supreme Court who was a lawyer against Modi-Shah in Gujarat riots, was forcibly stopped and orders of the Supreme Court Collegium ignored. Justice Geeta Mittal, who gave an uneasy judgment against govt about shell companies, was also transferred in a similar manner. It's clear that if judges curb government's policies as per the constitution, then the Modi government will work with a sense of revenge,” Surjewala said

Rahul Gandhi posted a sarcastic tweet, "Remembering the brave Judge Loya, who wasn’t transferred."

The Opposition had in past seen a conspiracy in the death due to cardiac arrest of special CBI judge Justice B H Loya, who was hearing the high-profile Sohrabuddin Sheikh fake encounter case of Gujarat.

Scaling up the attack, Congress general secretary Priyanka Gandhi Vadra said, “The midnight transfer of Justice Muralidhar isn't shocking given the current dispensation, but it is certainly sad and shameful. Millions of Indians have faith in a resilient and upright judiciary, the government’s attempts to muzzle justice & break their faith are deplorable.”

In a statement, CPI-M politburo noted with concern the midnight transfer of Justice Murlidhar who headed the bench that “called the bluff of the Delhi police in trying to shield the hate speeches of top BJP leaders in Delhi” and demanded that his transfer order should be kept in abeyance to reinforce the confidence of the people in the judicial system.

Lawer and activist Prashant Bhushan tweeted, “After transfer of Justice Murlidhar who was hearing Delhi riots case day to day, the HC CJ hearing it accepts SG's submission that atmosphere is not conducive for FIR registration! Adjourns case to April 13,while Delhi burns due to incitement by BJP leaders!”