NEW DELHI: Justice S Muralidhar, whose elevation to the Supreme Court was overlooked despite being one of the senior-most High Court (HC) judges in the country and is acknowledged for passing crucial judgments in many sensitive matters, demitted office as the Chief Justice of Orissa HC on August 7, 2023, after a 17-year illustrious career as a judge.
Justice Muralidhar had a 14-year tenure in the Delhi HC, before being transferred to the Punjab and Haryana HC through a midnight order, a development that was widely panned by lawyers, former judges, civil society members and the media.
In December 2020, he was elevated as the Chief Justice of the Orissa HC. In September 2022, the Supreme Court collegium recommended his transfer to Madras HC, but the Centre did not notify the same.
The judge who was widely known for his blue Maruti Omni van that used to be parked at the SC’s parking lot — that he used as his ‘chamber’ — delivered many bold and progressive verdicts during his tenure in the Delhi HC.
Taking note of the serious condition of those wounded in the northeast Delhi riots which broke out in 2020, a bench headed by Justice Muralidhar in an emergency midnight hearing conducted on February 26, 2020, directed Delhi police to ensure their safe passage to GTB hospital for treatment. His stern orders in the riots cases reportedly earned him the ire of the powers that be.
While hearing the case related to CAA-linked violence, Justice Muralidhar had pulled up the Delhi police for failing to take action against three BJP leaders for hate speech and had asserted that the court "would not let another 1984 happen" in India under its watch.
Apart from being a part of the bench that first decriminalized homosexuality in the Naz Foundation case in 2009 and allowing RTI pleas on the disclosure of assets of SC judges in 2010, Justice Muralidhar also granted relief to Gautam Navlakha in the Bhima Koregaon case.
He also convicted 16 members of the Uttar Pradesh Provincial Armed Constabulary for their role in the 1986 Hashimpura massacre — which witnessed the killing of 50 Muslim men by police on or around 22 May 1987 near Meerut. Another major verdict delivered by Justice Muralidhar was the conviction of Congress leader Sajjan Kumar for his role in the 1984 anti-Sikh riots.
“The most moving moment as a judge was in this very court sitting where I am today when on July 2, 2009, Chief Justice A.P. Shah and I delivered our judgment in Naz Foundation. Even as we held that consensual same-sex between adults in private was not a crime, the relief that swept through the courtroom amongst those waiting to hear the verdict was palpable. Many broke down right here in front of us. At that moment, we knew that something irreversible had happened,” he later remarked, in his farewell speech in Delhi HC in 2020.
“Over the years, I have realised that it is not enough for lawyers and judges to speak about constitutional values. It is essential to imbibe them,” Justice Muralidhar had said during his farewell speech, adding, “The constitutional values of equality, non-discrimination, dignity, prohibition of untouchability, inclusivity, and plurality have to be practised continuously at both a personal and professional level.”
Justice Muralidhar’s tenure on the bench was marked by his unwavering commitment to justice, fairness, and the rule of law. Even after his retirement, his legacy continues to inspire both legal practitioners and the general public.