CJAR issues statement condemning transfer of Justice Muralidhar

The Campaign for Judicial Accountability and Reforms (CJAR) has issued a statement condemning the transfer of Justice S Muralidhar from Delhi High Court to Punjab & Haryana High Court, through a notification issued on February 26th, late last night..The organisation has condemned the "midnight" move to transfer the Judge, claiming that the same is not in "public interest" but is a move taken with a view of "punishing an honest and courageous judicial officer for simply carrying out his constitutional duties.".In its statement dated February 12, the Supreme Court Collegium had recommended the transfer of Justice Muralidhar from the Delhi High Court to the Punjab & Haryana High Court. His transfer came to be notified by the Central government on February 26, just hours after he presided over a hearing concerning the Delhi riots..Breaking: Centre notifies transfer of Justice S Muralidhar to Punjab & Haryana High Court.The CJAR statement highlights that while the Collegium's proposal for this transfer is known of, the "rushed manner" in which the government acted is something that cannot be missed. The CJAR adds,."The fact that the notification for his transfer was issued on the evening he had done his duty to hold Delhi Police and the Union Government accountable for the loss of lives in the Delhi riots organized by the ruling party, tells us the true nature of his transfer. That Justice Muralidhar had raised tough questions about the conduct of sitting Ministers of the Union Government, MLAs and other high officials seems to have influenced this move.".Terming this transfer as a "punitive move", the organisation makes particular note that, as opposed to other transferred Judges, Justice Muralidhar's transfer was made effective immediately. Further that, .If this was indeed a transfer with the consent of the judge, no element of consideration seems to have been given by the Union Government in ordering him to make the move.CJAR.CJAR's statement also condemns the government for giving effect to the transfers of Justice RV More out of Bombay High Court and Justice Ravi Malimath out of the Karnataka High Court simultaneously in order to cover up the hasty and rushed transfer of Justice Muralidhar..Are Judges' Transfers Really Not Punitive?.Comparing the move with the Emergency era in India, the CJAR statement says that this "petty and vindictive" action of the government resembles that of the Congress government under Indira Gandhi, when a High Court Judge was transferred for discharging his constitutional duty..The superseding of Justice HR Khanna for authoring his famous dissent in the ADM Jabalpur case is also cited by the CJAR to draw a parallel with the current times and the punishment inflicted on Judges for discharging their Constitutional duties. .It is unbecoming of a constitutional government to engage in such acts of vendetta against other constitutional authorities. Such transfers violate all norms of constitutional conduct and the protection of human rights.CJAR.Justice Muralidhar's transfer, when it was proposed by the Collegium, had been met with resistance from various quarters of the legal fraternity. The Delhi High Court Bar Association had also resolved to abstain from court work for a day, in protest against the Collegium's recommendation..The Government's decision to notify the transfer last night, shortly after the Judge heard a plea concerning the Delhi riots, attracted further controversy. A related plea heard by Justice Muralidhar concerned safe passage for those injured over the past few days in the Delhi Riots..Earlier today, the President of the Supreme Court Bar Association, Dushyant Dave also commented that the move appeared to be malafide and punitive. .Transfer of Justice Muralidhar in this manner is "malafide and punitive", SCBA President Dushyant Dave