News Update

Transfer of Justice Muralidhar: Followed due process, says Ravi Shankar Prasad

February 28, 2020

In the middle of a controversy in the transfer of Justice Muralidhar, Judge in the Delhi High Court, who had criticized the duty performed by the Delhi Police over violence. The reply was given by the Union Law and Justice Minister of India, Ravi Shankar Prasad through twitter in which he criticized the Indian National Congress (INC) and accused the party of politicizing a routine move. Further, he mentioned that the transfer was done according to the recommendation dated 12th February 2020 of the Collegium headed by Chief Justice of India and while transferring the consent of the respective judge is taken. Moreover, the grand old party has already been rejected by the people of India and it is hell-bent on destroying the institutions which are cherished by Indians. In the sequence of tweets, he wrote about the record of Congress where they have compromised the independence of the judiciary, superseding judges even of Supreme Court during the imposition of Emergency in the 1970s under the regime of Indira Gandhi, who was then the Prime Minister of India. Later, he mentioned that the Congress party is a private party of one family, has no right to lecture about objectionable speeches as the family has criticized and used harshest words against CAG, Prime Minister of India, the Army and the people of India.

The transfer of Judge by Collegium received opposition from the Delhi High Court Bar Association (DHCBA). The Association had passed a resolution requesting its members to abstain from work on February 20, the day after the Collegium statement was made public. The Bench headed by Justice S. Muralidhar made observations regarding the riot which took place in North-East of Delhi and handling of the situation by police and there were number of directions, urge was made by the bench to Delhi Police to seriously consider the consequence of the delay in registering FIR’s against hate speeches made by the lawmakers from the Bhartiya Janta Party (BJP). There was notification dated 26th February 2020 released which mentioned that there was an exercise of power conferred under the Article 222 (1) of the Constitution of India, the President of India in consultation with Chief Justice of India transferred Justice S. Muralidhar, Judge of Delhi High Court as the Judge of Punjab and Haryana High Court and direct him to assume the charge of his office in the High Court of Punjab and Haryana. He started his practice of law in Chennai and shifted to Delhi to practice in the Supreme Court along with High Court in 1987 and he was appointed as Judge in the High Court of Delhi in 2006.

Key-Features:-

Justice S. Muralidhar was hearing the Delhi violence case.
The bench sought for the constitution of SIT, deployment of the army, compensation to wounded and family of those whose member has killed in the riot.
The bench also heard a plea which seeks safe passage for those injured over the past few days in the riots.
A resolution passed by DHCBA, requesting its members to abstain from work on February 20, the day after the Collegium statement was made public.
The Judge had said that there must not be another riot like 1984 riots under the watch of court and the watch of Delhi Police; they must be very alert about the situation which has erupted.

Edited by J. Madonna Jephi

Approved & Published – Sakshi Raje

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