The Congress on Thursday alleged that the transfer of Delhi High Court Judge S Muralidhar was aimed at saving some BJP leaders in the Delhi violence case and exposed the Modi government's "intimidation and vendetta politics" against the judiciary.
The notification of Justice Muralidhar's transfer to the Punjab and Haryana High Court came late Wednesday evening, on a day when a bench headed by him expressed "anguish" over Delhi Police's failure to register FIRs against alleged hate speeches by BJP leaders Parvesh Verma, Kapil Mishra and Anurag Thakur.
Congress leader Priyanka Gandhi Vadra hit out at the government over the transfer, saying the Centre's attempts to "muzzle" justice and "break people's faith in an upright judiciary are deplorable".
"The midnight transfer of Justice Muralidhar isn't shocking given the current dispensation, but it is certainly sad and shameful," Priyanka Gandhi tweeted.
"Millions of Indians have faith in a resilient and upright judiciary, the government's attempts to muzzle justice & break their faith are deplorable," the Congress general secretary said.
Taking a dig at the government over Muralidhar's "sudden" transfer, former Congress chief Rahul Gandhi tweeted, "Remembering the brave Judge Loya, who wasn't transferred."
Special CBI judge B H Loya, who was hearing the high-profile Sohrabuddin Sheikh fake encounter case, died in allegedly mysterious circumstances on December 1, 2014.
At a press conference on the issue of Justice Muralidhar's transfer, Congress chief spokesperson Randeep Surjewala said it seems those doing justice in country will now not be spared.
He alleged that the government was "waging a battle of revenge" against the judiciary.
Slamming the Congress over the allegations, Union Law Minister Ravi Shankar Prasad said the judge was transferred on the recommendation of the Supreme Court collegium and accused the opposition party of politicising a routine transfer.
Surjewala hit back at Prasad, describing him as the "most lawless minister" this country has ever seen.
"Mr Prasad at the instance of Prime Minister Modi is hell-bent on destroying the independent institution of judiciary. Perhaps it arises out of his malice and scant regard for the Constitution and the law. But it is not his actions. He is only a protege who speaks on behalf of Prime Minister Modi and Home Minister Shah," Surjewala said.
Calling the transfer a classic case of "hit-and-run injustice" by the BJP government, he said the saffron party's "politics of revenge" has been exposed. He accused the BJP of attacking the impartiality of the judiciary.
"Delhi HC Judge S Muralidhar transferred by the government to save BJP leaders in Delhi violence case," the senior Congress leader said at a press conference here.
"The sudden and vindicative removal of the Delhi High Court Judge justice S Muralidhar hearing the case against BJP leaders has shocked the conscience of the entire nation. The intimidation and vendetta politics of the BJP against India's judiciary is now out in the open," he said.
The judge who reminded the government of its 'raj dharma' and initiated and directed action against the BJP leaders making inflammatory statements was transferred overnight from the Delhi High Court, he said.
"The entire country is shocked but no longer surprised at the brazenness, maliciousness and the high-handedness of the Modi-Shah government which will go to any lengths to shield those who have on record given hate speeches and sown the seeds of discord and riots in Delhi," Surjewala said.
He said the people want to ask three big questions of Prime Minister Narendra Modi and Home Minister Amit Shah -- were they scared that the role of their party colleagues in the violence and the "entire conspiracy" of Delhi riots would get exposed if a free and fair investigation was conducted.
"How many judges will you transfer to prevent justice being delivered fairly and efficiently?" Surjewala said as he went on to ask his second question.
"Were you unable to find a way to justify the obvious and toxic statements made by your own protgs and were therefore compelled to transfer the judge who had ordered the police to investigate your party colleagues?" he added.
Surjewala said there were several past instances that "expose" the BJP's attack on the independence of the judiciary.
"Will PM Modi and his lawless law minister answer why Gopal Subramanium's appointment as the Supreme Court judge, cleared by the same collegium of the Supreme Court that he (Prasad) cites, was blocked forever by the Modi government," Surjewala said.
"Was it not because that the known jurist Gopal Subramanium was a lawyer against Modi ji and Shah ji during the Gujarat riots?" he asked.
Surjewala also asked why the appointment of Justice K M Joseph on the decision of the collegium was blocked for months by the Law minister and the prime minister.
He wondered whether it was because Justice Joseph quashed the "illegal order" of the Modi government in dismissing the Congress government in Uttarakhand.
He expressed the hope that the new judges who hear the Delhi violence case will take forward the courage, independence and conviction with which Justice Muralidhar held this "broken, vindictive and inept" government to account.
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