The Delhi High Court Bar Association (DHCBA) has unanimously passed a resolution condemning the transfer of Justice S. Muralidhar, who was part of the Bench that decriminalised homosexuality in 2009, by the Supreme Court Collegium to Punjab and Haryana High Court.
“Unequivocally and in the strongest possible terms, the Delhi High Court Bar Association condemns the said transfers. 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,” DHCBA said in the resolution.
DHCBA has also resolved to request its members to abstain from work on Thursday as a token of protest claiming “the transfer is a rarest of rare case” due to which, “the majesty of our revered institution is at stake”.
Following a meeting on February 12, the Supreme Court Collegium headed by Chief Justice of India Sharad A. Bobde has recommended the transfer of Justice Muralidhar, who is third in the order of seniority in the Delhi High Court, to neighbouring Punjab and Haryana High Court.
The Collegium order was uploaded on the Supreme Court’s official website on Wednesday and as the news spread, the executive committee of the Delhi High Court Bar Association held an urgent meeting.
Expresses shock
“The Delhi High Court Bar Association expresses its shock, dismay and outrage at the transfer of one of the finest judges to have adorned the Bench – Dr. Justice S. Muralidhar – by the collegium of the Supreme Court,” the DHCBA said.
DHCBA president and senior advocate Mohit Mathur and secretary Abhijat have also sent a copy of the resolution to the Chief Justice of India.
“The Delhi High Court Bar Association sincerely hopes that the Collegium of the Supreme Court revisits the issue and recalls the move to transfer Justice Muralidhar,” the resolution stated.
Justice Muralidhar, who was elevated as a judge of the Delhi High Court in May 2006, has delivered many significant decisions. The judge, who had convicted politician Sajjan Kumar in the 1984 anti-Sikh riots case, had also revoked the transit remand of activist Gautam Navlakha in the Bhima Koregaon case.
Justice Muralidhar is also one of the few judges in the Delhi High Court who refuses to be addressed as ‘My Lord’ or ‘Your Lordship’ by lawyers and gives them prior notice not to do so in the causelist itself.
Reacting to the development, advocate Karuna Nundy tweeted, “The Delhi High Court Bar Association stands up against Justice Muralidhar's forced transfer. Proud”.
