'Vendetta' or routine? All you need to know about Justice Muralidhar's transfer to P&H HC

President Ram Nath Kovind approved transfer of Justice S Muralidhar of Delhi High Court to Punjab and Haryana High Court on Wednesday night. As this happened on day when Justice Muralidhar pulled up Delhi police for n-registration of FIRs against leers giving provocative speeches allegedly leing to violence in national capital, opposition has come down hard on government. While Congress General Secretary Priyanka Vra alleged this was “government’s attempt to muzzle justice”, party MP Gaurav Gogoi claimed that this move was orchestrated by Prime Minister’s Office. However, a close examination of facts paints a different picture. 

Re: Delhi HC Bar Association Condemns Justice S Muralidhar's Transfer; To Abstain From Work

Transfer punitive in nature? 

To begin with, Supreme Court Collegium h recommended transfer of Justice Muralidhar on February 12. Subsequently, Delhi High Court Bar Association resolved to abstain from work on February 20 to protest against Justice Muralidhar’s transfer. Describing him as one of “finest” judges, Association claimed that SC Collegium’s move was detrimental to institution. 

However, as per reports, transfer was t unusual in nature as he will be second in seniority list after current Chief Justice Ravi Shanker Jha in Punjab and Haryana High Court. As convention is that two judges of Delhi High Court can be appointed as Chief Justice of or High Courts at any point in time, Justice Muralidhar stands stance to become Chief Justice currently. This is because Justice Gita Mittal is only judge from Delhi HC who is functioning as Chief Justice. Moreover, reports suggest that Chief Justice Jha can be considered for elevation to SC when vacancies arise in May 2020. This implies that Justice Muralidhar can become an automatic choice for Chief Justice post in upcoming months.  

Re: Justice Muralidhar Transferred To Punjab & Haryana High Court

debate surrounding Harsh Mander’s plea 

Coming to latest allegation, it is important to te that Harsh Mander’s plea was originally listed before Chief Justice DN Patel’s court. Justice Muralidhar agreed to hear matter only because of unavailability of CJ and urgency involved. Irrespective of his transfer,  causelist published on Delhi High Court website indicates that matter was going to be heard by bench heed by Chief Justice Jha only.  

Furrmore, President Kovind has also approved transfer of Justice More and Justice Malimath on Thursday night, who were also recommended to be transferred by SC Collegium along with Justice Muralidhar. Thus, this rules out possibility of Justice Muralidhar being singled out by government. Meanwhile, a lot of questions have been raised about fact that Justice Muralidhar has t been allocated a sufficient time period to take charge as a judge of Punjab and Haryana High Court. But, all three official tifications have used identical langu.

Re: SC Collegium Recommends Transfer Of Justice S Muralidhar To Punjab & Haryana HC

Re: Delhi HC Raps Police On n-registration Of FIR, Gives Police Commissioner One Day To Act