In a targeted criticism of the “increasing interference of the executive” in judicial appointments and transfers, former judge Madan B Lokur of the Supreme Court unveiled that the central government had repeatedly forced Collegium to transfer Justice’s Muralidhar from the High Dishes of Delhi.
Justice Murlidhar, however, was only transferred after the pension of Lokur van Het Tophof.
The revelation was published via the essay of Justice Lokur in his recently published book “[In]Full justice? Supreme Court on 75 “.
Lokur, reminded of his time in the Supreme Court Collegium, wrote about how the center repeatedly insisted on the transfer of Justice Muralidhar, a movement he opposed, it insisted that judicial transfers cannot depend on the displeasure of the executive with a judgment.
“There is something to say about transparency in the functioning of the Supreme Court Collegium. On one occasion I was given the clear impression that the CJI was advised by the executive power to carry out a transfer – that of Muralidhar – from Delhi HC for a judgment that he can certainly be accepted. Lokur wrote.
Lokur added that the issue appeared again after his retirement, but at that time AK Sikri also objected. Only after both retired, Muralidhar was ‘random’ transferred to the Punjab and Haryana Supreme Court in February 2020.
Justice’s Muralidhar, known for his independence and candid statements, was transferred only a few hours after he picked up the Delhi police because he had not submitted FIRs against politicians who were accused of hating during the Delhi riots.
In addition, in his book, Justice Lokur contrasted the incident with another case in which the Collegium had recommended the transfer of a judge, but the government refused to act.
“On the other hand, a judge of the Delhi HC who was recommended for transfer by the collegium was not transferred despite the Chief Justice of India expressing his displeasure in Court at the failure of the Executive to act on the recommendation of the collegium consisting of the CJI and four senior-most judges of the Supreme Court. The Events Indicate that the Executive Coulde Ultimately Prevail about the Matter of the Transfer of Judges, “Lokur Said.
Lokur also criticized the broader practice of using transfers as a disciplinary tool. “It is difficult to appreciate how the case law is served by a judge from one High Court to the other,” he wrote and called it unjust before the receiving court.
The new book by Justice Lokur contains essays from sitting and retired judges, senior lawyers and scientists. The book is edited by Justice’s Muralidhar himself, who in his introduction has provided an infallible criticism of the Supreme Court for bending executive pressure in recent years.
Muralidhar mentioned cases where former judges were rewarded with gubernatorial positions, parliamentary seats and legal agreements shortly after making statements in politically sensitive matters, including the Ayodhya dispute, demonetization and money legislation.
“De door sommigen verstrekte kritiek op het Hooggerechtshof die zichzelf toestaat te worden gedomineerd door een krachtige directeur tijdens deze fase, stond door de nominatie na de pensionering aan de Rajya Sabha van de voormalige CJI die de bank voorzag die de Ayodhya-vonnis heeft afgespeeld, de benoeming van Andhra Prades van een baas van een baas van een body van een borg van een bank van een baas van een bank From a body of a bank of a boss of a bank of a boss of a boss of a boss of a boss of a boss of a boss of a bank of a boss of a boss of a boss, the judge who provided the banks who wrote the provisions of the prevention of the Witwaspractijk and the denial of Bating in a case in the illegalid.
Senior lawyer Indira Jaising, in her essay about women in the judiciary, described sexual harassment as the “dirty secret” of the system. She remembered a case from Madhya Pradesh, where four male judges mention that one of them had not even read the case documents before he had signed a report that cleaned up accused male judges.
In the launch of the book, Muralidhar emphasized the need to protect different opinions and freedom of expression. Recently, retired Supreme Court judge ABHAY S OKA, who foresaw the event, that the fear of the government force the judges of the lower court to avoid judgments against the State. “Do we have judges who would say, I will give an order that will cost me the position of supreme judge or increase in the Supreme Court?” Asked oka.
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