Justice S. Muralidhar has been transferred from the Delhi High Court to the Punjab & Haryana High Court [1, 2].
The move has sparked a wider debate regarding judicial independence in India. The transfer comes as the judge was overseeing critical proceedings regarding the Delhi riots, raising questions about the timing of the reassignment.
Following the transfer, the Delhi riots case was moved from Justice Muralidhar's bench to a new bench headed by Chief Justice D.N. Patel [1, 2]. The riots in question resulted in 32 deaths [2] and left over 200 people injured [2].
Justice Muralidhar had been outspoken in his criticism of the central government, the state government, and the Delhi Police [1, 2]. He questioned the handling of the violence and the response of law enforcement during the unrest [1, 2].
The transfer was announced and carried out in March 2024 [1, 2]. Upon arriving in Chandigarh, Justice Muralidhar took his oath as a judge of the Punjab & Haryana High Court [3].
Critics and legal observers said the transfer may be linked to the judge's judicial commentary on the riots [1, 2]. The reassignment of the case to a different bench ensures that the proceedings continue under new leadership while Justice Muralidhar assumes his duties in a different jurisdiction [1, 2].
“Justice S. Muralidhar has been transferred from the Delhi High Court to the Punjab & Haryana High Court”
The transfer of a judge overseeing a high-profile case involving state accountability often leads to scrutiny of the executive's influence over the judiciary. By moving Justice Muralidhar after his criticism of the Delhi Police and government, the action creates a perception of penalization for judicial independence, regardless of the official administrative reasons for the transfer.
