oppn parties Transfer of Justice Muralidhar: Routine Or Rushed?

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  • Allahabad HC said that the UP Police is acting as law unto themselves as they detained a person unlawfully even before his arrest
  • Kolkata witnesses traffic snarls on the first day of the Durga Puja festival as revellers start pnadal-hopping
  • Neha Bora was subsequently released and Dipke is to appear before a magistrate today at noon
  • Delhi Police detained Cockroach Janta Party founder Abhijeet Dipke, Neha Bora of AISA, student leaders and supporters ahead of a rally in Connaught Place demanding Chief Election Commissioner Gyanesh Kumar's resignation. The protest followed the detention and jailing of two CJP leaders earlier in the week over demonstrations at Jantar Mantar
  • The Reserve Bank of India is considering further monetary tightening to counter capital outflows and increase the cost of betting against the rupee, according to bankers and analysts cited by Reuters. The measures follow recent rate increases and steps to drain liquidity as pressure on the currency and inflation concerns persist
  • India directed oil marketing companies to stop diverting sugar-based feedstocks for ethanol production in the 2026–27 supply year, according to a new tender issued on Friday. The companies have invited bids for 11 billion litres of ethanol made from alternatives including corn and broken rice, amid concerns about domestic sugar supplies and prices
  • Finance Minister Nirmala Sitharaman said India's trade imbalance with China was growing sharply and attributed the problem partly to restrictions on Indian goods and services entering the Chinese market. China subsequently said it was ready to work with India to address mutual economic and trade concerns; India's trade deficit with China reached $69 billion in the first half of FY2026–27, up 27% year-on-year
  • Indian equity benchmarks extended their recovery on Friday, with the Sensex rising 413.66 points to close at 74,729.27 and the Nifty 50 gaining 148.80 points to settle at 23,146.15. Information technology shares, including Tech Mahindra, Infosys and TCS, helped lift the indices
  • India defeated Zimbabwe by four wickets in the opening women's T20 International in Raipur, taking a 1–0 lead in the three-match series. Deepti Sharma and Niki Prasad combined in an 82-run stand after India's top order collapsed, helping the hosts chase down Zimbabwe's total of 114 for five
  • Indian wrestler Komal won bronze in the women's 59 kg category at the Under-23 World Wrestling Championships in Las Vegas, defeating Kazakhstan's Viktoriia Khusainova 7–2. Fellow Indian Amruta Pujari advanced to the women's 72 kg final after recording two pinfall victories
  • Indian shuttler Jagsher Singh Khangurra secured a bronze medal at the BWF World Junior Badminton Championships in Cairo
  • The Supreme Court of India upheld the Bombay High Court's decision quashing the 2020 write-off of ₹8,415 crore in additional tier-1 bonds issued by Yes Bank (Yes Bank). The court ruled that the bank's administrator lacked the authority to extinguish the bonds under the final reconstruction scheme, strengthening bondholders' claims
  • The Supreme Court issued notices to the Election Commission of India, Delhi Police and opposition leaders, including Rahul Gandhi and Akhilesh Yadav, in separate petitions concerning electoral-roll revision and protests held in Delhi on October 10–12. The court also directed the preservation of CCTV footage linked to allegations of police excesses
  • The Supreme Court ruled that a person converting from Hinduism to Islam cannot automatically claim backward-class reservation benefits in the new religious community solely on the basis of their previous caste status. The judgment upheld the Madras High Court's decision striking down a 2024 Tamil Nadu government order that permitted such certification for specified communities
  • The Election Commission of India ordered a Special Summary Revision of electoral rolls in 14 states and three Union Territories, using January 1, 2027, as the qualifying date for voter eligibility. The draft rolls are scheduled for publication on November 12, claims and objections will be accepted until December 11, and the final rolls are due on January 4, 2027
Delhi HC refuses to ban CJP's Tiranga rally at Central Park in Connaught Place today /////// Police says will control and regulate it /////// NDMC closes the park for the public on Friday and Saturday
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Transfer of Justice Muralidhar: Routine Or Rushed?

By Sunil Garodia
First publised on 2020-02-28 18:36:18

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

Justice S Muralidhar of the Delhi High Court has been transferred to the Punjab & Haryana High Court. This would have been a small news item in the inside pages of most Delhi-based newspapers. Some would have ignored it altogether. Instead, it has become a front-page item in all dailies and has sparked off a debate over the propriety of the Centre transferring a judge who was not 'pliant' and who had the 'temerity' to take the 'side' of the citizens in cases involving the executive. The government, on its part, has termed the transfer "routine". It has said that the transfer was recommended by the collegium headed by the CJI on February 13. Judges in India are routinely transferred as per the recommendation of the collegium. The government also said that the consent of the concerned judge was taken in advance, as per the rules.

But the timing of the transfer has become the bone of contention between the government and the critics. Justice Muralidhar was part of the bench that had held a midnight hearing over the Delhi riots and had torn into Delhi Police for their inaction. He had also directed them to file immediate FIRs against those who had made hate speeches (read Kapil Mishra of the BJP). The next morning he was transferred.  Critics are now questioning the timing of the transfer while alleging that the government had eased the judge out so he could not hear the politically sensitive case. But since all formalities, including taking the judge's consent, were done earlier, is it not possible it was just a coincidence that the transfer order was handed over to Justice Muralidhar the day after he held the midnight hearing? Critics allege that the judge should not have been transferred as he was part of a bench that was hearing the riot cases. But when should a transfer take place then? When a judge has no work at hand? Is it possible?

The issue is being given prominence as Justice Muralidhar is a "people's" judge and has a 'habit' of getting in the hair of the executive. Although he has delivered many judgments upholding the rights of the people, he was recently in the limelight for revoking the transit remand of activist Gautam Navlakha, an accused in the Bhima Koregaon case. But why should people accuse the BJP government of being against the judge? In his long and illustrious career, Justice Muralidhar had upheld the rights of the Bhopal gas victims, the rights of those displaced by the Sardar Sarovar dam over the Narmada river and was instrumental in convicting Sajjan Kumar for his role in the anti-Sikh riots in Delhi, apart from being part of the bench of the Delhi HC that decriminalized homosexuality. Judges like Justice Muralidhar are not bound by political ideology. His judgments have pinched the government of the day, whether it was the Congress or the BJP, as they did not let the executive ride roughshod over the rights of the citizens.

Transfers of judges are not done at the whim of the executive and the judiciary has a hand in the same. There is also a due process that has to be followed. Hence, it is not right to accuse the government of mala fide intentions in transferring Justice Muralidhar. Critics will also point out that after the judge was transferred, the new bench that was constituted to hear the Delhi riots case immediately accepted all the pleas of the Delhi Police and agreed that the situation was not conducive to the filing of FIRs on hate speeches. They will cite this as an example of the government trying to put in place a pliant judiciary that would do its bidding. The bench headed by Justice Muralidhar had earlier rebuked the Delhi Police for not lodging FIRs by asking "What 's the appropriate time? When the city has burnt down?" But the judges did not for a moment consider the fact that at that moment, it could have been entirely possible that the city could have indeed burnt down if the FIRs were lodged. 

Lest we forget, the Supreme Court has twice deferred the hearings for the case questioning the constitutional validity of the CAA on the grounds that the situation was not conducive to hearing the matter due to the ongoing protests against the said Act. There is a time and place for everything. If immediate lodging of FIRs against hate speeches has the effect of adding fuel to the riot fire, is it not the duty of the court to let the police first make inquiries and then do the needful after the situation had been brought under control? There is no way the guilty should be allowed to escape punishment but there is also no emergency to rush into a situation where lodging FIRs against this or that person would mean that the riots, hitherto restricted to the north-eastern part of the capital, spread to other areas and possibly across the country.