Judge S Muralidhar transferred after comments on Delhi Police “inaction” & BJP leaders’ hate speeches, Centre says “routine” shift

Delhi High Court judge S Muralidhar, the third highest judge of the court, was transferred to the Punjab and Haryana High Court through a notification on Wednesday. This has led to a major controversy as he had asked the Delhi Police to inform the court of its decision on filing first information reports against Bharatiya Janata Party (BJP) leaders within a day. A bench comprising Justice Muralidhar had criticised the Delhi Police for not doing enough to contain the riots in northeast Delhi.

According to reports, the government notification didn’t give him a 14-day period to join the new post, which is unusual. As per a report by Live Law, “Notably, the transfer is to take immediate effect, and the joining time is not specified as is usual.” The report said: “the Supreme Court collegium had recommended his transfer on February 12 but the Delhi High Court Bar Association had protested against this transfer proposal by abstaining from work for a day last week”.

Justice Muralidhar did not hear any more cases and announced in court that it was his “last judicial act as judge of this court”. This was despite the fact that he had asked police to appear with a status report today.

In the hearing on the violence of northeast Delhi on Wednesday, Justice S Muralidhar had said “we cannot let another 1984 scenario happen in this city; not under the watch of this court.” Hate speeches by four BJP leaders – Kapil Sharma, Anurag Thakur, Abhay Verma and Parvesh Verma – were played in the court and the bench asked why there should not be FIRs filed against them. When the Centre said that FIRs would be filed at an “appropriate time”, Justice Muralidhar had asked, “What’s the appropriate time? The city is burning”. Justice Muralidhar and Justice Talwant Singh had directed the Delhi Police to take decision within a day regarding FIR against these leaders. The order was passed in a PIL filed by activist Harsh Mander

Congress leaders Rahul and Priyanka Gandhi are among those who criticised the transfer of Justice Muralidhar. Reacting to the controversy of the transfer, the Centre today said that a “well-settled process” had been followed for the transfer and the judge’s consent had been taken.

“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 has been followed,” Union Law Minister Ravi Shankar Prasad tweeted.

He did not however, mention in the tweet that this had been opposed by the Delhi High Court Bar Association. The Union minister added that the Congress had “politicised” a “routine transfer”.