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BJP And Congress Spar Over Transfer Of Justice Muralidhar, Who Pulled Up Delhi Police

The judge had asked the Police Commissioner to take a “conscious decision” to register FIRs against political leaders making alleged hate speeches, including Kapil Mishra.

Delhi High Court Judge Justice S Muralidhar, who on Wednesday pulled up the Delhi Police over the violence in Northeast Delhi, has been transferred to the Punjab and Haryana High Court. The notification was issued late on Wednesday and nearly two week after the Supreme Court collegium made the recommendation.

A notification issued by the Ministry of Law and Justice stated that the president took the decision after consulting the Chief Justice of India, according to PTI.

The notification does not mention when he has to take charge of his office. Such transfer orders usually give judges 14 days to join, NDTV said in a report.

The Supreme Court collegium had recommended the transfer of Justice Muralidhar, Justice Ranjit V More and Justice Ravi Malimath on 12 February. Notifications for the transfer of Justice More and Justice Malimath were also issued on Wednesday night.

Justice Muralidhar had pulled up the Delhi Police on Wednesday and asked the Police Commissioner to take a “conscious decision” to register FIRs against political leaders making alleged hate speeches including Kapil Mishra and Anurag Thakur.

Congress and BJP spar over transfer

The Congress hit out at the government over the transfer of Justice S Muralidhar with party spokesperson Randeep Singh Surjewala saying “It seems those doing justice in country will now not be spared.”

“Delhi HC Judge S Muralidhar transferred by the government to save BJP leaders in Delhi violence case,” he was quoted as saying by PTI.

Congress leader Priyanka Gandhi Vadra also tweeted that the transfer of Justice Muralidhar “isn’t shocking given the current dispensation, but it is certainly sad and shameful”.

The midnight transfer of Justice Muralidhar isn’t shocking given the current dispensation, but it is certianly sad & shameful.

Millions of Indians have faith in a resilient & upright judiciary, the government’s attempts to muzzle justice & break their faith are deplorable. pic.twitter.com/KKt4IeAMyv

— Priyanka Gandhi Vadra (@priyankagandhi) February 27, 2020

Rahul Gandhi tweeted:

Remembering the brave Judge Loya, who wasn’t transferred.

— Rahul Gandhi (@RahulGandhi) February 27, 2020

Justice BH Loya died in 2014 while he was hearing the Sohrabuddin Sheikh fake encounter killing case in which Amit Shah was an accused.

Union Minister Ravi Shankar Prasad was quick to accuse the Congress of politicising a routine transfer. In a series of tweets, he said that the transfer was done on the recommendation of the Supreme Court collegium and the judge’s consent had been taken.

“By politicising a routine transfer, Congress has yet again displayed its scant regard for the judiciary,” Prasad said.

He also said that the people have “rejected” Congress and hence “it is hell bent on destroying the very institutions India cherishes by constantly attacking them”.

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”.

Here’s the thread:

Transfer of Hon’ble Justice Muralidhar was done pursuant to the recommendation dated 12.02.2020 of the Supreme Court collegium headed by Chief Justice of India. While transferring the judge consent of the judge is taken. The well settled process have been followed.

— Ravi Shankar Prasad (@rsprasad) February 27, 2020

By politicising a routine transfer, Congress has yet again displayed its scant regard for the judiciary. People of India have rejected Congress Party and hence it is hell bent on destroying the very institutions India cherishes by constantly attacking them.

— Ravi Shankar Prasad (@rsprasad) February 27, 2020

The Loya judgement has 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?

— Ravi Shankar Prasad (@rsprasad) February 27, 2020

We respect independence of judiciary. 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.

— Ravi Shankar Prasad (@rsprasad) February 27, 2020

The Party, which is the private property of one family, has no right to lecture about objectionable speeches. The family & it’s cronies have routinely used the harshest words against the Courts, the Army, the CAG, the PM and the people of India.

— Ravi Shankar Prasad (@rsprasad) February 27, 2020

(With PTI inputs)

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This article exists as part of the online archive for HuffPost India, which closed in 2020. Some features are no longer enabled. If you have questions or concerns about this article, please contact indiasupport@huffpost.com.