The sudden transfer of Justice S Muraleedhar, who on Wednesday heard a Public Interest Litigation (PIL) on the Delhi riots and the inaction of the Delhi police has created a sense of consternation among citizens. Justice Muraleedhar had come down heavily on the Delhi Police and asked them to file FIRs against each of those politicians who made hate speeches and created a situation that was volatile and led to the riot like situation in Delhi. 37 lives have been lost so far (up to the point of writing this editorial). The Delhi Police was supposed to come to Court on Thursday with their answers on why they did not book individuals for hate speeches and allowed violence to escalate. But Justice Muraleedhar got his transfer orders late on Wednesday night. His successor, has posted the case for hearing only in April. This is a clear case of judicial manipulation at the behest of the Government.
It is a sign of the times that transfer of judges from one court to another is often followed by a furore. This is unlike the past when no questions were raised in the public realm over such orders. The timing of the transfer of Justice Muraleedhar raises suspicions that it was done on extraneous considerations.
It was on February 12 that the SC collegium made a recommendation over his transfer along with shifting of some judges too. This was made public a week later. And, a week hence, the Presidential order was issued — on Wednesday. It so happened that this High Court judge had pulled up Delhi Police for not filing an FIR against some BJP leaders for their alleged hate speech vis a vis the anti-CAA riots. And it so happened that the transfer order was issued within hours — the same night, around 11pm.
The judiciary is passing through tumultuous times. It was in January 2018 that Justice Chelameswar led an open attack on then CJI Dipak Misra over ‘flawed’ functioning of the Supreme Court. Later, Justice Kurien Joseph openly alleged interference of government in court matters. On several other occasions too, there was public criticism of the judiciary. The transfer of Madras High Court Chief Justice also raised heat. Scandals like the Ranjan Gogoi one too tarnished the fair name of the judiciary.
It is important that all care is made from every side to maintain the strength and independence of the judiciary.