JOIN USThe sudden issuance of transfer orders to Delhi High Court Justice Muralidhar to the Punjab and Haryana High Court leaves no one in doubt as to the reasons behind it, no matter what Union Law Minister Ravi Shankar Prasad says to justify the action. The transfer orders were issued on Wednesday evening almost as soon as Justice Muralidhar took the Delhi Police to task for not filing FIRs against BJP politicians for their hate speeches, which started during the Delhi Assembly election campaign. Such speeches have since continued, even as a part of Delhi descended into riots and over 40 people have died.
The transfer order ensured that the matter, which was posted for the next day, would no longer be heard by Justice Muralidhar. At the very least, especially in these fraught times, the law minister should have kept in mind the spirit that justice should not only be done, but it must also be seen to be done. The Supreme Court Collegium may have recommended his transfer on February 12, and Justice Muralidhar’s consent may have been taken for the transfer. But the sudden issuance of the order leaves nothing to imagination.
Justice Muralidhar had questioned the Delhi Police for not having filed FIRs over the hate speeches and insisted that it immediately look into doing so. Indeed, he made Delhi Police, whose officers shockingly claimed that they had not seen the hate speeches at all, watch the videos then and there in court. When Solicitor-General Tushar Mehta said the circumstances were not conducive to file FIRs against the BJP politicians, the judge took him to task asking, “When would be a good time, Mr Mehta?” It’s incredible that the police and the government should claim that they had to find a “conducive time” to file FIRs. When is it a conducive time to file a FIR — immediately after an alleged crime is committed? Three days later? Three weeks later? Three months later? Or never at all, because the accused are ministers and MPs and MLAs from the ruling party?
On Thursday, the matter was heard by a bench consisting of Delhi High Court Chief Justice DN Patel. The bench has granted four more weeks’ time to Delhi Police to decide on filing the FIRs, despite the police and government having been fully exposed by both Justice Muralidhar and by the Supreme Court, which on the same day questioned Delhi Police’s professionalism. Will the Delhi Police act professionally at least now, after over 40 people have been murdered and the scenes of rioting in the national capital have shamed India globally under its watch?