Ex-SC Judges Say Justice Muralidhar May Have Faced Consequences For His Bold Orders In Delhi Riots Matter

 Justice Oka made this remark while discussing how judges are expected to act based on constitutional principles rather than public or political reactions.

Delivering the keynote address, he explained that a judge's morality must be grounded in what is legal and constitutional. Justice Oka cited various examples of judges following constitutional morality without caring about popular opinion and repercussions, including Justice HR Khanna's dissent in the ADM Jabalpur case, the Kesavananda Bharati judgment.

He said, “One example I can't resist, it pertains to Delhi... a midnight bench was constituted, some victims of riots were stranded and the bench gave audience at midnight or a little past midnight and not only ensured that they were given safe passage, but also ensured that compliance is reported.”

He highlighted that the three senior-most judges in the Kesavananda Bharati case, despite being in line for appointment as Chief Justice of India, were superseded after they passed the judgement limiting Parliament's power to amend the Constitution. Likewsie, judge who constituted the midnight bench during the Delhi riots also faced consequences.

Justice Oka said, “We often talk about sacrifices made by the three judges in Kesavananda Bharati, but some day we also have to consider whether the judges who met at midnight bench met with consequences of their bold decisions given in terms of the four corners of the Constitution. So whenever we discuss morality, we have to discuss this also...These judgements were delivered because the judges were not influenced by the opinion of the ruling party.”

Former Supreme Court judge Justice Madan B Lokur also highlighted the issue, remarking that transfers of judges happen “without any provocation or reason.” He said that Justice S Muralidhar was transferred out of the Delhi High because the government did not like the order passed by him in a matter related to the 2020 Delhi riots.

“Delhi has had the experience in the recent past where Justice Muralidhar was transferred, our of Delhi for, everybody knows, this was during the riots in 2020, for passing an order which, for some reason, the Government did not like”, Justice Lokur said.

On February 26, 2020, amid communal violence in North-East Delhi, Justice Muralidhar held an emergency hearing late at night from his residence, along with Justice Anup Bhambhani. The bench directed the safe evacuation of patients who were stranded in a riot-affected hospital and needed emergency treatment.

Later the same day, Justice Muralidhar heard another matter related to the riots and passed directions to the Delhi Police to decide within 24 hours whether FIRs should be registered against certain BJP leaders accused of delivering inflammatory speeches.

During the hearing, Justice Muralidhar asked the police why no FIR had been registered despite videos of the speeches being widely circulated. He directed that the videos be played in court for the senior police officer present. Hours later, the Central Government issued a notification formalising his transfer to the Punjab and Haryana High Court.

In October 2023, Justice Muralidhar, after his retirement, addressed the matter publicly at a conclave in Bengaluru organised by The South First. When asked by a member of the audience about the perception that his order cost him elevation to the Supreme Court, he said that he was unsure what aspect of his order might have upset the government, assuming it was upset at all.

He said he believed any of his colleagues at the Delhi High Court would have done the same under those circumstances, and he did not think his actions were unusual. According to him, the Court's intervention during the riots was necessary and timely, and he was later informed that it may have helped save lives.

Also from the event : 

A Judge Should Not Bother About Future Prospects Or Popularity: Justice AS Oka On Morality In Judiciary