The International Bar Association’s Human Rights Institute (IBAHRI) has issued an open letter to President Ram Nath Kovind of India, urging him to take action against the hasty decision made in February 2020 to transfer Justice S Muralidhar from the Delhi High Court to the Punjab and Haryana High Court. This ruling was made after the judge criticised the failure of the New Delhi government and police to counter violent protests in the capital.
The letter, jointly signed by IBAHRI Co-Chair, Anne Ramberg Dr jur hc and IBAHRI Vice-Chair, Mark Stephens CBE, states: ‘This unusually prompt transfer…at a time of alarming social unrest raises concerns of potential undermining of the independence of the judiciary in India. The right of the judiciary to hold the government to account is fundamental to the rule of law, and there should be no reprimand for a judge using his independent voice.’
Justice Muralidhar criticised Delhi police’s response to recent riots in the city and pointed out failures in the reporting of infractions. In particular, he questioned police inaction against leading members of the Bharatiya Janata Party for delivering hate speech and fuelling unrest, as evidenced by videos presented to the judge. On the evening of 26 February, Justice Muralidhar was issued a notification of transfer to another jurisdiction (the Punjab and Haryana High Court) immediately following his comments. The transfer process was initiated on the recommendation of India’s Supreme Court Collegium and finalised with the assent of President Kovind.