Congress, BJP spar over Justice Muralidhar's transfer

The Congress on Thursday (February 27) hit out at the government over the transfer of Delhi High Court Judge S Muralidhar, terming the move as an attempt to muzzle justice and break the faith of millions of Indians in the judiciary. Congress leader Rahul Gandhi chose to target the BJP over the death of Justice Brijgopal Harkishan Loya – the judge hearing the Sohrabuddin encounter case in which Union Home Minister Amit Shah was an accused – to prove his party’s stand on the BJP’s vengeful relation with the judiciary.

“The midnight transfer of Justice Muralidhar isn’t shocking given the current dispensation, but it is certainly sad & shameful,” Congress leader Priyanka Gandhi Vadra tweeted. “Millions of Indians have faith in a resilient & upright judiciary, the government’s attempts to muzzle justice & break their faith are deplorable,” she said.

The government, however, maintained that it was a routine process which came days after the Supreme Court collegium made the recommendation.

Congress spokesperson Randeep Singh Surjewala dubbed it the Modi government’s new ‘hit and run’ show.

“Modi Govt’s new ‘hit & run’ show! Objective – Stifle the judiciary. Aim – Save the perpetrators of hate. Wait for a Spl AICC PC at 10 AM today!” he tweeted.

The BJP rebutted all the allegations by accusing the Congress of “politicising” the issue.

“Transfer of Justice Muralidhar was done pursuant to 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 has been followed,” ANI quoted Union law minister Ravi Shankar Prasad as saying.

“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,” he tweeted.

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

BJP leader Nalin Kohli responded to the Congress’s barbs by citing the case of former Prime Minister Indira Gandhi.

“In this country, there was a clear attempt to throttle the independence of the judiciary back when Indira Gandhi was in power. Congress will never accept it. Now, whatever the Congress is saying is just to politicise the issue,” he said.

He, however, stressed that it was important to restore peace and that perpetrators should be punished at any cost.

Justice Muralidhar’s transfer notification, to the Punjab and Haryana High Court, came on a day when a bench headed by him expressed “anguish” over the Delhi Police’s failure to register FIRs against alleged hate speeches by BJP leaders Parvesh Verma, Kapil Mishra and Anurag Thakur.

Digging up Loya’s grave

In his cryptic tweet Congress leader Rahul Gandhi raked up the death of Justice Brijgopal Harkishan Loya, by saying, “Remembering the brave judge Loya, who wasn’t transferred.”

Loya, who was hearing the Sohrabuddin encounter case in which Amit Shah, the then home minister of Gujarat was an accused, was found dead in a guest house. While Congress had pointed fingers at the BJP for the “mysterious” death of the judge, the Supreme Court in a 2018 verdict dismissed all petitions praying for an independent probe into the death, ruling that he died a natural death.

Replying to Gandhi’s tweet, Prasad said it was not right of the Congress to raise the issue of Loya’s death when the Supreme Court has already settled the matter.

“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,” he tweeted.

Amid the exchange of barbs, the death toll due to riots in northeast Delhi climbed to 35, with more than 250 injuries reported.

(With inputs from agencies)