India Needs More Judges with the Courage of Justice Muralidhar

When People’s Safety and Political Interests Become a Zero-Sum Game

Newsreel Asia Insight #8
Oct. 9, 2023

Justice S. Muralidhar, former Chief Justice of the Orissa High Court and a judge of the Delhi High Court, spoke openly on Oct. 8 about a midnight hearing he conducted during the 2020 Delhi riots—a move that both saved lives and apparently upset the central government, which regulates the police in the national capital.

At an event organised by The South First media outlet in Bengaluru, Justice Muralidhar was asked about his late-night judgment, Livelaw reported. “I don’t know what is it that upset... Any other judge should have done the same thing,” he was quoted as saying, attributing his actions to judicial duty rather than defiance against the government.

Justice Muralidhar had convened an emergency hearing at his residence to evacuate patients stranded at a hospital in a riot-hit region of Delhi. This decision was followed by another order instructing the Delhi Police to consider filing formal complaints against certain leaders of the Bharatiya Janata Party for provocative remarks. Both orders were passed on Feb. 26, 2020.

That same night, Justice Muralidhar was transferred to the Punjab and Haryana High Court, after a nearly 14-year stint as a judge of the High Court of Delhi.

Senior Advocate Sanjay Hegde, who was also present at the conclave, praised Justice Muralidhar. “It is written somewhere, if you save one life, you have saved humanity. I am very proud of you for that,” Hedge was quoted as saying.

The conversation between Justice Muralidhar and Hegde revolved around the topic “Who Wins, Who Loses in a Judiciary-Executive Faceoff.” Hegde pointed out that Justice Muralidhar joined a list of judges like Justice Chagla and Justice P.D. Desai who never made it to the Supreme Court. He termed Muralidhar a “victim of the collegium.”

Justice M.C. Chagla was one of India’s most prominent judges, serving as the Chief Justice of the Bombay High Court from 1948 to 1958. Justice P.D. Desai served as Chief Justice of several High Courts.

Justice Muralidhar stressed that the judiciary must be representative. He said that the recent collegium statements focus on representation based on gender, caste, religion and geography. “What could be safely said is that, within these criteria, choose the best,” he added.

Discussing the dynamics between the judiciary and the executive, Justice Muralidhar noted a “perceptible shift” in 1971 when the Congress party won an absolute majority. He said that the debate about judicial independence should include all levels of the judiciary, not just the High Courts and the Supreme Court.

Justice Muralidhar also spoke about the need for a mandatory “cooling-off” period after a judge’s retirement before taking up any position in a tribunal or commission. He said this was necessary to preserve the perception of judicial independence.

The 2020 Delhi riots resulted in the death of 53 people, two-thirds of whom were Muslims, according to reports, including one by the Office of the United Nations High Commissioner for Human Rights.

In communal violence, the safety of ordinary citizens and political interests often become a zero-sum game, leaving people to rely solely on courageous judicial interventions. Given that ethnic violence has persisted in Manipur for more than five months, it may require similar judicial bravery to save lives.