Lawyers’ strike against transfer of Justice Muralidhar cripples Delhi High Court

An unprecedented strike by lawyers protesting the transfer of Justice S. Muralidhar crippled the working of the Delhi High Court on Thursday.

The strike was total following a call given by the Delhi High Court Bar Association yesterday, which also asked the Chief Justice of India S.A. Bobde and Supreme Court collegium to reconsider the decision. Only ‘urgent’ work was taken up.

In an unusual decision, the collegium had transferred Justice Muralidhar to Punjab & Haryana High Court. Normally High Court judges are transferred out only if they are being appointed as Chief Justice in another High Court. High Court judges have been transferred in the past to lateral positions in other High Courts only by way of punitive action.

The transfer of Justice Muralidhar unsettled the legal fraternity because of his record in the Delhi High Court. Known to be upright and among the finest judges, he delivered several landmark judgments and was known to be impervious to pressure.

“Such transfers are not only detrimental to our noble institution but also tend to erode and dislodge the faith of the common litigant in the justice dispensation system,” the Delhi High Court bar said. They also impede “free and fair delivery of justice by the Hon’ble bench”, it said.

An Advocate-on-Record (AOR) at the Supreme Court told National Herald, while requesting anonymity, that sitting high court judges are usually not transferred out after appointment unless there were compelling reasons like a serious allegation against them.

“It is only when a person is being appointed a high court judge for the first time that he or she is sent out of the practising HC. Once a permanent High Court judge is appointed and posted, he is transferred to another high court only upon elevation as chief justice,” he added.

Asked for possible reasons for Justice Muralidhar’s transfer, he said, “There can be only two reasons. One, there are certain regional lobbies operating within Delhi High Court which may not have liked the idea of him being possibly appointed as acting chief justice in the near future, considering his seniority. The other reason is that he was regarded as one of the finest judges in the court who was not amenable to being pressurised to give a favourable order or judgment to the government of the day.

Another lawyer practicing in the Supreme Court as well as Delhi High Court had a similar opinion. “Justice Muralidhar wasn’t someone who would genuflect or bow before the powers that be, and neither could he be bought. This is the reason he has been shunted out from a premier high court of the country to another one,” he said on condition of anonymity.

Noted lawyer Karuna Nundy also tweeted that she was proud to be a member of the Delhi HC Bar which has stood up to protest. She too said that she found the transfer of Justice Muralidhar unusual and disturbing.

Speaking to National Herald, she said, “The transfer is unconventional, and possibly punitive. If asked to bend, Justice Muralidhar would stand up even higher. It’s possible though that the ground is being prepared for him to be elevated as chief justice of Punjab & Haryana High Court and eventually to the Supreme Court. I would be delighted if my misgivings are proved wrong.”

She took to Twitter to say, “‘Justice Muralidhar is a constitutionalist with spine. One who when asked to bend will, far from crawling, be even more loyal to his duty. Congratulations to the Punjab and Haryana High Court. And what an expected, and disappointing move by the SC Collegium.’

‘To those saying, "but Justice Muralidhar spent many years in DHC", you speak from a place of ignorance. HC judges get transferred without consent on punishment, most start and finish HC careers in home courts. Transfers usually happen to make them Chief of another High Court,’ she said in another post.