'By politicising a routine transfer, Congress has yet again displayed its scant regard for the judiciary,' RS Prasad said on Twitter. (Photo Credit: File Photo)
New Delhi :
The Narendra Modi government has rejected the controversy over Justice S Muralidhar’s transfer to Punjab and Haryana High Court. Union Minister Ravi Shankar Prasad took to Twitter to make the point that the judge was shunted out as per the procedure and there is no scope of any controversy over the ‘timing of the order’. “Transfer of Hon’ble Justice Muralidhar was done pursuant to the recommendation dated 12.02.2020 of the Supreme Court collegium headed by Chief Justice of India. While transferring the judge consent of the judge is taken. The well settled process have been followed,” Prasad said in a series of tweets.
Attacking the Congress over creating the issue out of a normal procedure, Prasad further said that, “By politicising a routine transfer, Congress has yet again displayed its scant regard for the judiciary. People of India have rejected Congress Party and hence it is hell bent on destroying the very institutions India cherishes by constantly attacking them.” On Rahul Gandhi’s Twitter dig, Prasad said that, “The Loya judgement has been well settled by the Supreme Court. Those raising questions do not respect the judgment of the Apex Court pronounced after elaborate arguments. Does Rahul Gandhi consider himself above even the Supreme Court?”
“We respect independence of judiciary. Record of Congress in compromising independence of judiciary, superseding judges even of Supreme Court during Emergency is well known. They rejoice only when the judgment is of their liking otherwise raise questions on the institutions itself. The Party, which is the private property of one family, has no right to lecture about objectionable speeches. The family & it’s cronies have routinely used the harshest words against the Courts, the Army, the CAG, the PM and the people of India,” the minister said on micro-blogging site.
Without taking any name, Rahul Gandhi took a dig at the Narendra Modi government and the reference was unmissable “Remembering the brave Judge Loya, who wasn’t transferred,” Gandhi said on Twitter. Special CBI Judge BH Loya, who was hearing the high-profile Sohrabuddin Sheikh fake encounter case of Gujarat, had died of cardiac arrest in Nagpur on December 1, 2014, when he had gone to attend the wedding of a colleague's daughter. His sister and Congress general secretary Priyanka Gandhi Vadra was more specific in her scathing attack. Posting news article along with this circular of Justice Murlidhar’s transfer, Priyanka Gandhi Vadra said that the government was trying to ‘muzzle justice.’
Justice Murlidhar, while hearing the case related to Delhi riots, had ordered FIR against BJP leaders including Kapil Mishra. It should be noted that the Supreme Court Collegium, in a March 12 meeting, had recommended Justice Murlidhar’s transfer. "In 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 Shri 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," the government’s midnight notification said.