The Supreme Court collegium has taken back its recommendation made in September 2022 to transfer Chief Justice of the Orissa High Court, Dr Justice S Muralidhar, to the Madras High Court as Chief Justice. The collegium cited the lack of response from the Central Government as the reason for the recall. The recommendation has been pending with the Government of India for over six months without any response. The collegium further noted that Justice Muralidhar is due to retire in August 2023, leaving less than four months of his term.
To facilitate the appointment of a permanent Chief Justice in the Madras High Court, which has been without one for the last six months, the collegium has proposed the elevation of Justice S V Gangapurwala, a judge of the Bombay High Court, as the new Chief Justice of the Madras High Court. The acting Chief Justice, Justice T Raja, has been in office since the retirement of the previous Chief Justice MN Bhandari on September 12, 2022. The collegium emphasized the need for a permanent Chief Justice in the Madras High Court, and the urgency of the situation prompted the recall of the proposal to transfer Justice Muralidhar.
The Centre has put on hold the transfer of Chief Justice S Muralidhar of the Orissa High Court to the Madras High Court, despite the collegium's recommendation made in September 2022. While the Centre approved the transfer of another Chief Justice proposed in the same resolution, the proposal for Justice Muralidhar's transfer remains pending.
Justice Muralidhar has a long and illustrious legal career that began in Chennai in 1984. He later moved to the Supreme Court and Delhi High Court in 1987 and was appointed judge of the Delhi High Court in 2006. Notably, he was a part of the High Court bench that legalized homosexuality in the landmark 2009 Naz Foundation case. Justice Muralidhar also led the division bench that convicted members of the Uttar Pradesh Provincial Armed Constabulary (PAC) in the Hashimpura massacre case and Congress leader Sajjan Kumar in the 1984 anti-Sikh riots case. Despite his impressive track record, the Centre has put his transfer on hold, leaving the Madras High Court without a permanent Chief Justice for over six months.
Justice S Muralidhar's transfers and initiatives have received praise from the Supreme Court of India. In February 2020, Justice Muralidhar was transferred to the Punjab and Haryana High Court, which had sparked strong opposition from the Delhi Bar. This transfer was notified soon after he directed the Delhi police to take action against politicians, including Anurag Thakur, Pravesh Verma, Abhay Verma, and Kapil Mishra, for their inflammatory speeches during the 2020 Delhi riots.
However, Justice Muralidhar continued his judicial career with diligence and was sworn in as the Chief Justice of the Orissa High Court in January 2021. His initiatives, including the e-courts system and virtual access facilities, have been commended by Chief Justice of India DY Chandrachud on several occasions.
The Supreme Court recently noted in a judgment, "The High Court of Orissa has creatively utilised technology to bridge the time taken to travel from other parts of Odisha to Cuttack. Indeed, other High Courts must replicate the use of technology to ensure that access to justice is provided to widely dispersed areas." Justice Muralidhar's efforts have been a positive example for the legal community and have contributed to the modernization of the Indian judiciary.
TAGS: Supreme Court collegium Justice S Muralidhar Madras High Court Orissa High Court Central Government Chief Justice recommendation delay retirement appointment acting Chief Justice Justice T Raja Bombay High Court transfer law practice Delhi High Court Naz Foundation case Uttar Pradesh Provincial Armed Constabulary Hashimpura massacre case Congress leader Sajjan Kumar opposition Delhi Bar 2020 Delhi riots e-courts system virtual access facilities praise Chief Justice of India DY Chandrachud technology access to justice modernization Indian judiciary.
