Judge hearing Delhi violence case transferred

The judge was hearing the Delhi violence case and the late evening notification came on the day when a bench headed by him expressed "anguish" over the Delhi Police's failure to register FIRs against alleged hate speeches by three BJP leaders.

Muralidhar was transferred to the Punjab and Haryana High Court, on a day when a bench headed by him expressed "anguish" over the Delhi Police's failure to register FIRs against alleged hate speeches by BJP leaders Parvesh Verma, Kapil Mishra and Anurag Thakur.

A notification issued by the Ministry of Law and Justice states that the President took the decision after consulting the Chief Justice of India.

The notification, however, does not mention when he has to take the charge of his office.

The Congress on Thursday hit out at the government over the transfer of Delhi High Court Judge S Muralidhar, alleging that the Modi dispensation was waging a battle of revenge against the judiciary.

Attacking the government over Muralidhar's "sudden" transfer, senior Congress leader Randeep Surjewala said, "It seems those doing justice in country will now not be spared."

Calling the transfer a classic "hit-and-run injustice" by the BJP government, he said the saffron party's "politics of revenge" has been exposed.

"Delhi HC Judge S Muralidhar transferred by the government to save BJP leaders in Delhi violence case," the senior Congress leader said at a press conference here.

Union Law Minister Ravi Shankar Prasad on Thursday said Justice S Muralidhar of the Delhi High Court was transferred on the recommendation of the Supreme Court collegium and accused the Congress of politicising a routine transfer.

He added that a "well-settled process" was followed in the transfer of Justice Muralidhar to the Punjab and Haryana High Court.

"By politicising a routine transfer, Congress has yet again displayed its scant regard for the judiciary," Prasad said in a series of tweets.

His reaction came after the Congress alleged that Justice Muralidhar was transferred by the government to save BJP leaders in the Delhi violence case.

"Transfer of Hon'ble Justice Muralidhar was done pursuant to the recommendation dated February 12 of the Supreme Court collegium headed by Chief Justice of India," the minister said.

He said a judge's consent is taken before transferring him or her.

Continuing his attack on the opposition party, Prasad said the people of India have rejected the Congress and "hence it is hell bent on destroying the very institutions India cherishes by constantly attacking them".

Referring to a tweet by Congress leader Rahul Gandhi on the death of Judge Loya, the Union minister said the Loya judgement had been well-settled by the Supreme Court.

"Those raising questions do not respect the judgment of the apex court pronounced after elaborate arguments. Does Rahul Gandhi consider himself above even the Supreme Court," he asked.

"Remembering the brave Judge Loya, who wasn't transferred," Gandhi had tweeted this morning.

Prasad said the government respects the independence of the judiciary.

"The  record of Congress in compromising independence of judiciary, superseding judges even of Supreme Court during Emergency is well known. They rejoice only when the judgment is of their liking otherwise raise questions on the institutions itself," he said.

Prasad said the party which is the "private property of one family" has no right to lecture about objectionable speeches.

"The family and its cronies have routinely used the harshest words against the Courts, the Army, the CAG, the PM and the people of India," the minister said.

The CPI(M) on Thursday said Justice S Muralidhar's transfer from the Delhi High Court was a "selective response" to his court orders in which he rapped the city police for "trying to shield" BJP leaders who made "hate speeches".

The Left party demanded the government keep the transfer order, notified late Wednesday night, in abeyance to reinforce the confidence of the people in the judicial system.

The CPI (M) said in a statement that the transfer was recommended by the Supreme Court collegium, but it has been protested against by the Delhi High Court Bar Association for well-argued judicial-administrative considerations.

"Post-haste implementation appears to be a selective response for what unfolded in the Delhi High Court yesterday. The fact remains that the Bench headed by Justice Muralidhar called the bluff of the Delhi police in trying to shield the hate speeches of top BJP leaders in Delhi in the course of the Delhi assembly election and after.

"Politburo of the CPI(M) urges the Government that in these times of acute confidence deficit, the transfer order must be kept in abeyance to reinforce the confidence of the people in the judicial system of the country," it said.