Justice Muralidhar breaks silence on his transfer, recalls his historic 377 verdict

Justice S Muralidhar on Thursday apprised judges and lawyers of the Delhi High Court about the sequence of communication on his transfer to Punjab and Haryana High Court. He clarified that he was informed about it on February 17 and that he had no problem with it. Speaking at his farewell function in the Delhi High Court, Justice Muralidhar said he had received on February 17 a communication from the Chief Justice of India S A Bobde on a recommendation made by the Collegium for his transfer to Punjab and Haryana High court.

He was speaking on the controversy that erupted after the notice of his transfer by the Centre on the night of February 26. He acknowledged to the gathering at his farewell that he had no problem in going to the Punjab and Haryana High Court if he had to be transferred from Delhi Court.  

Referring to his judgment in Section 377 case, Justice said that every day as a judge never seems enough. "On 2.7.2009, Justice Shah and I delivered judgment on Section 377. Many broke down in front of us here. That day we knew justice happened,” he remarked recalling the judgment. On the much debatable topic of Constitutional mortality, he said that an attempt needs to be made to achieve equality applying by Constitution mortality.

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He added: “Diversity in the Bar binds all of us. Caste, community, class factor was not allowed to alter this. It is important to imbibe Constitutional values. They need to be practiced continuously at the personal and professional level both. Court spaces must be democratic. Gandhi's principle for weakest & Ambedkar's principle for Constitutional morality is my principles.” He also added, "There is much scope for enhancing transparency to access to justice." He ended his farewell speech, with a hope that his juniors will not seize any opportunities to argue.

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Muralidhar's transfer and controversy

President Ram Nath Kovind on Wednesday night approved the transfer of Justice S Muralidhar of the Delhi High Court to the Punjab and Haryana High Court. The collegium, headed by Chief Justice of India SA Bobde, in a meeting on February 12, recommended transfer Muralidhar, Justice Ranjit V More and Justice Ravi Vijayakumar Malimath. However, the approval by the President on Wednesday raised questions as it happened on the day when Justice Muralidhar pulled up the Delhi police for the non-registration of FIRs against BJP leaders giving provocative speeches allegedly leading to the violence in the national capital. However, a close examination of the facts paints a different picture. 

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