Days after the SC Collegium recommended the transfer of Justice S Muralidhar from the High Court of Delhi, an unnamed source told the news agency that the “controversy” over the transfer was “unnecessary”. According to the source, the transfer was “routine”.
However, members of the Delhi HC Bar Association — which strongly opposes the Collegium’s recommendation — argues that the transfer “impedes free & fair delivery of justice”.
Following the SC Collegium’s recommendations, the Delhi HC Bar Association expressed its shock & outrage at Muralidhar’s transfer. In a statement, the association said that “Unequivocally & in the strongest possible terms, the Delhi High Court Bar Association condemns the said transfer. Such transfer is not only detrimental to our noble institution but also tends to erode & dislodge the faith of the common litigant in the justice dispensation system. Such transfer also impedes free & fair delivery of justice by the Hon’ble Bench.”
To register their protest, members of the association resolved to abstain from work on Feb 20.
Why is the Delhi bar resisting the Supreme Court’s decision?
Mohit Mathur, the president of the Delhi HC Bar Association, said it “isn’t normal” for a senior judge to be transferred from a high court.
Mr Mathur told news agency that “In this specific case, the judge categorically asked the bar not to protest".
“But for us it is the issue of the institution. More specifically, it’s about the independence of the bar,” he added.
Mohit Mathu said the Apex Court should have consulted the Bar Association for such a big decision. “The stakeholders were disregarded,” he said.
He added that “The stakeholders should have been consulted & told, ‘This is the reason behind his transfer. We may not put it on paper, but this is what it is.’”
According to him, Muralidhar was the “darling of the bar” since he is a “pro-junior” & “pro-citizen judge”. Mathur added that he would rather not “speculate” on why Justice Muralidhar was transferred.
However, Advocate & activist Prashant Bhushan had no such compunctions. Bhushan said Muralidhar was very “independent-minded” & “doesn’t succumb to government pressure”.
Bhushan said that “There have been cases in the past where he passed orders against the government, or against what the government wanted".
“And that is why the government is gunning for him & wants him out of Delhi. Delhi is the most important high court," he added.
The SC Collegium had sought to transfer Muralidhar twice before, Bhushan pointed out. Both times, the transfer was stalled. Bhushan said the judge is known to be “very bold & independent”, & the collegium passed his transfer this time “due to the government’s insistence”.
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