Govt Repeatedly Pressed Collegium To Transfer Justice Muralidhar Because Of His Judgment : Justice Lokur Reveals

In a striking disclosure, former Supreme Court judge Justice Madan B. Lokur has revealed that the Union Government repeatedly pressed the Collegium to transfer Justice S. Muralidhar from the Delhi High Court because of a judgment he delivered, but the move did not materialise until key judges who opposed the transfer retired.In his essay in the recently published book “[In]Complete Justice? Supreme Court at 75”, Justice Lokur recounts that during his tenure in the Collegium, the government urged the transfer of Justice Muralidhar. But it did not happen since he opposed it.According to Lokur, the demand resurfaced after his retirement in December 2018. At that stage, it was Justice A.K. Sikri who stood against the proposal. After Justice Sikri's retirement in March 2019, the transfer proposal was raised again. Ultimately, Justice Muralidhar was "arbitrarily" transferred from the Delhi High Court in February 2020, Justice Lokur wrote."There is something to be said about transparency in the functioning of the Supreme Court Collegium. On one occasion, I got the distinct impression that the CJI was advised by the Executive to effect a transfer - that of Muralidhar J out of Delhi HC for a judgment he had delivered. In my view, that certainly cannot be a ground for transfer; and so, I expressed my disagreement with the proposal, and the CJI readily accepted my view. It appears that after my retirement from the Supreme Court of India, the transfer issue was raised again. But the new entrant to the Supreme Court Collegium, Sikri J, held the same view, and he too opposed the proposed transfer. After the retirement of Sikri J, Muralidhar J was arbitrarily transferred out of the Delhi HC to the Punjab and Haryana HC," Lokur wrote.Justice Muralidhar, known for his independence and sharp judgments, was eventually transferred to the Punjab and Haryana High Court in February 2020, a decision that had stirred considerable controversy at the time. The transfer order was notified hours after he had pulled up the Delhi Police for failing to register FIRs against politicians accused of making inflammatory speeches during the 2020 Delhi riots. Recently, Justice Oka, former Supreme Court Judge, expressed that Justice Muralidhar may have faced consequences for his bold orders in the Delhi riots matter.

Govt Repeatedly Pressed Collegium To Transfer Justice Muralidhar Because Of His Judgment : Justice Lokur Reveals

Manu Sebastian

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