NEW DELHI: Without naming Justice S. Muralidhar, BJP MP Meenakshi Lekhi said on the floor of Lok Sabha on Wednesday that the Intelligence Bureau (IB) report on the transfer of judges should have been made public.
Lekhi, in response to Congress leader Adhir Ranjan Chowdhury's tirade against the BJP for its alleged dull response during the Delhi riots, said, "Some judges think that police should not act until protests turn violent. Who will decide when the 'dharna' will become violent? The transfer of the judge was made on a recommendation (the Supreme Court Collegium had recommended for Justice Muralidhar's transfer to the Punjab and Haryana High Court). The IB report on the transfer of judges should be made public."
The Ministry of Law and Justice on February 26 notified the transfer of Justice Muralidhar of the Delhi High Court to the Punjab and Haryana High Court. The notification was issued after Justice Muralidhar made some scathing observations on the way Delhi Police handled the violence in the riot affected areas in northeast Delhi, and also sought registration of criminal cases against BJP leaders involved in making speeches which allegedly incited violence.
"In the exercise of the power conferred by clause (1) of Article 222 of the Constitution of India, the President, after consultation with the Chief Justice of India, is pleased to transfer Justice S. Muralidhar, Judge of the Delhi High Court, as a Judge of the Punjab and Haryana High Court and to direct him to assume charge of his office in the Punjab and Haryana High Court," a Law Ministry notification had said.
At his farewell on March 5, Justice Muralidhar had said: "I was informed about it (the transfer) on February 17 and had no problem with it. On February 17, I had received a communication from the Chief Justice of India S.A. Bobde on a recommendation made by the Collegium for my transfer."
Justice Muralidhar passed a series of orders with regard to the violence in Delhi's northeast district, saying that "another 1984-like situation cannot be allowed to happen in this city".