The govt should have been a ‘little careful’ while issuing the ‘midnight’ order transferring Delhi HC Judge S Muralidhar to the Punjab & Haryana HC, former Chief Justice of India Justice K G Balakrishnan has said, amid a row over the timing of the transfer.
The transfer order was issued by the Union Law & Justice Ministry Feb 26, the day a bench headed by Justice Muralidhar expressed ‘anguish’ over Delhi Police’s failure to register FIRs against alleged hate speeches by three BJP leaders. The govt has said the transfer had nothing to do with any case as a recommendation to this effect was already made by the Supreme Court Collegium & the judge had also given his consent.
Friday, Justice Balakrishnan said it was a mere coincidence that the final transfer notification was issued on the day when he passed the order on the hate speeches because his shift to had been already contemplated by the Supreme Court collegium a week ago.
“I don’t know on what date the transfer issue came up before the collegium,” he added.
Justice Muralidhar’s transfer has nothing to do with the observations he made while hearing the Delhi violence case, the former Chief Justice of India said.
“When the situation in the country is so volatile & media & others are active the govt should have been little careful while issuing such midnight transfer order as there are chances of people thinking otherwise. The people could interpret differently,” Justice Balakrishnan said.
Moreover the Delhi violence case was not taken up by Justice Muralidhar on his own. As the Delhi High Court Chief Justice D N Patel was on leave that day & he being the third senior judge, Justice Muralidhar headed that particular bench which heard the case, he said.
Justice Balakrishnan also said he did not think that Justice Muralidhar was asked to join on the next day itself in the Punjab & Haryana HC.
Normally when such a transfer order is issued a joining time of not less than seven days is given to enable the transferred judge to prepare himself for the new posting, Justice Balakrishnan added.
An NGO — The campaign for Judicial Accountability & Reforms (CJAR) — Thursday condemned the transfer of Justice Muralidhar, claiming the move was to punish an “honest & courageous” judicial officer.
The govt’s notification stated that the president took the decision after consulting the Chief Justice of India. It, however, doesn't mention when Justice Muralidhar has to take charge of his office.
Union Law Minister Ravi Shankar Prasad said Justice Muralidhar was transferred following the recommendation of the Supreme Court Collegium, asserting that a ‘well-settled process’ was followed.
Campaign for Judicial Accountability & Reforms (CJAR) said it knows that Justice Muralidhar’s transfer was recommended by the Supreme Court Collegium Feb 12 but the rushed manner in which the notification has been issued by the govt can't be ignored.
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