Tag: Orissa High Court

  • Justice Muralidhar, the Judge who never made it to SC and a vanguard committed to the rule of law

    Express News Service

    NEW DELHI:  Justice S Muralidhar, whose elevation to the Supreme Court was overlooked despite being one of the senior-most High Court (HC) judges in the country and is acknowledged for passing crucial judgments in many sensitive matters, demitted office as the chief justice of Orissa HC on August 7, 2023, after a 17-year illustrious career as a judge. 

    Justice Muralidhar had a 14-year tenure in the Delhi HC, before being transferred to the Punjab and Haryana HC through a midnight order, a development that was widely panned by lawyers, former judges, civil society members and the media. 

    In December 2020, he was elevated to the Chief Justice of the Orissa HC. In September 2022, the Supreme Court collegium recommended his transfer to Madras HC, but the Centre did not notify the same.

    The judge who was widely known for his blue Maruti Omni van that used to be parked at the SC’s parking lot — that he used as his ‘chamber’ — delivered many bold and progressive verdicts during his tenure in the Delhi HC. 

    Taking note of the serious condition of those wounded in the northeast Delhi riots which broke out in 2020, a bench headed by Justice Muralidhar in an emergency midnight hearing conducted on February 26, 2020, directed Delhi police to ensure their safe passage to GTB hospital for treatment. His stern orders in the riots cases reportedly earned him the ire of the powers that be. 

    While hearing the case related to CAA-linked violence, Justice Muralidhar had pulled up the Delhi police for failing to take action against three BJP leaders for hate speech and had asserted that the court “would not let another 1984 happen” in India under its watch. 

    Apart from being a part of the bench that first decriminalized homosexuality in the Naz Foundation case in 2009 and allowing RTI pleas on the disclosure of assets of SC judges in 2010, Justice Muralidhar also granted relief to Gautam Navalkha in the Bhima Koregaon case.

    He also convicted 16 members of the Uttar Pradesh Provincial Armed Constabulary for their role in the 1986 Hashimpura massacre — which witnessed the killing of 50 Muslim men by police on or around 22 May 1987 near Meerut. Another major verdict delivered by Justice Muralidhar was the conviction of Congress leader Sajjan Kumar for his role in the 1984 anti-Sikh riots.

    “The most moving moment as a judge was in this very court sitting where I am today when on July 2, 2009, Chief Justice A.P. Shah and I delivered our judgment in Naz Foundation. Even as we held that consensual same-sex between adults in private was not a crime, the relief that swept through the courtroom amongst those waiting to hear the verdict was palpable. Many broke down right here in front of us. At that moment, we knew that something irreversible had happened,” he later remarked, in his farewell speech in Delhi HC.

    In his farewell speech delivered in Delhi HC in 2020, Justice Muralidhar said, “Over the years, I have realised that it is not enough for lawyers and judges to speak about constitutional values. It is essential to imbibe them,” and added: “The constitutional values of equality, non-discrimination, dignity, prohibition of untouchability, inclusivity, and plurality have to be practised continuously at both a personal and professional level.”

    Justice Muralidhar’s tenure on the bench was marked by his unwavering commitment to justice, fairness, and the rule of law. Even after his retirement, his legacy continues to inspire both legal practitioners and the general public. 

    NEW DELHI:  Justice S Muralidhar, whose elevation to the Supreme Court was overlooked despite being one of the senior-most High Court (HC) judges in the country and is acknowledged for passing crucial judgments in many sensitive matters, demitted office as the chief justice of Orissa HC on August 7, 2023, after a 17-year illustrious career as a judge. 

    Justice Muralidhar had a 14-year tenure in the Delhi HC, before being transferred to the Punjab and Haryana HC through a midnight order, a development that was widely panned by lawyers, former judges, civil society members and the media. 

    In December 2020, he was elevated to the Chief Justice of the Orissa HC. In September 2022, the Supreme Court collegium recommended his transfer to Madras HC, but the Centre did not notify the same.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    The judge who was widely known for his blue Maruti Omni van that used to be parked at the SC’s parking lot — that he used as his ‘chamber’ — delivered many bold and progressive verdicts during his tenure in the Delhi HC. 

    Taking note of the serious condition of those wounded in the northeast Delhi riots which broke out in 2020, a bench headed by Justice Muralidhar in an emergency midnight hearing conducted on February 26, 2020, directed Delhi police to ensure their safe passage to GTB hospital for treatment. His stern orders in the riots cases reportedly earned him the ire of the powers that be. 

    While hearing the case related to CAA-linked violence, Justice Muralidhar had pulled up the Delhi police for failing to take action against three BJP leaders for hate speech and had asserted that the court “would not let another 1984 happen” in India under its watch. 

    Apart from being a part of the bench that first decriminalized homosexuality in the Naz Foundation case in 2009 and allowing RTI pleas on the disclosure of assets of SC judges in 2010, Justice Muralidhar also granted relief to Gautam Navalkha in the Bhima Koregaon case.

    He also convicted 16 members of the Uttar Pradesh Provincial Armed Constabulary for their role in the 1986 Hashimpura massacre — which witnessed the killing of 50 Muslim men by police on or around 22 May 1987 near Meerut. Another major verdict delivered by Justice Muralidhar was the conviction of Congress leader Sajjan Kumar for his role in the 1984 anti-Sikh riots.

    “The most moving moment as a judge was in this very court sitting where I am today when on July 2, 2009, Chief Justice A.P. Shah and I delivered our judgment in Naz Foundation. Even as we held that consensual same-sex between adults in private was not a crime, the relief that swept through the courtroom amongst those waiting to hear the verdict was palpable. Many broke down right here in front of us. At that moment, we knew that something irreversible had happened,” he later remarked, in his farewell speech in Delhi HC.

    In his farewell speech delivered in Delhi HC in 2020, Justice Muralidhar said, “Over the years, I have realised that it is not enough for lawyers and judges to speak about constitutional values. It is essential to imbibe them,” and added: “The constitutional values of equality, non-discrimination, dignity, prohibition of untouchability, inclusivity, and plurality have to be practised continuously at both a personal and professional level.”

    Justice Muralidhar’s tenure on the bench was marked by his unwavering commitment to justice, fairness, and the rule of law. Even after his retirement, his legacy continues to inspire both legal practitioners and the general public. 

  • Orissa HC notice to Centre, Odisha government in DRDO espionage case

    By PTI

    CUTTACK: The Orissa High Court issued notices to the Centre and the state government on Tuesday on a plea seeking its directions for a probe into the DRDO espionage case by a central investigating agency.

    A division bench of the High Court headed by Chief Justice S Muralidhar admitting a public interest litigation asked the two respondents – the Centre and the state government to file status reports detailing the investigations made so far into the security-related case with alleged international links.

    The bench has fixed December 7 for the next hearing.

    Advocate Arun Kumar Budhia had in his PIL said that the Odisha Police crime branch, which is now investigating the case, is not capable of probing it and will not be able to reveal the truth.

    In his plea, Budhia sought handing over the case to the National Investigation Agency or the Central Bureau of Investigation as the matter relates to national security.

    ALSO READ: DRDO espionage: Odisha Crime Branch finds Pakistan link

    In September, five employees of the Integrated Test Range of the Defence Research and Development Organisation (DRDO) at Chandipur in Balasore district were arrested on the charge of having links with a foreign agent and supplying credible information to enemies.

    Odisha Police had found the involvement of a female operative, suspected to be from Pakistan, in the espionage case.

    Police had said on Saturday that it had found the involvement of another woman in the case.

  • New judges appointed to J-K and Orissa high courts

    By PTI

    NEW DELHI: Two judicial officers and four advocates were appointed as judges in three high courts on Wednesday, November 3, 2021.

    According to the Department of Justice in the Law Ministry, the two judicial officers were appointed to the Jammu and Kashmir High Court as judges, while an advocate was appointed to the Orissa High Court as a judge.

    Three other advocates were appointed as additional judges of the Karnataka High Court.

    Additional judges are usually appointed for two years before being elevated as permanent judges.

    The ministry also notified the appointment of Justice H S Thangkhiew as the acting chief justice of the Meghalaya High Court with effect from November 4.

    Justice Ranjit V More retired as the Chief Justice of the Meghalaya High Court on Wednesday.

  • Supreme Court collegium recommends 16 names for elevation as judges of four HCs

    By PTI

    NEW DELHI: The Supreme Court collegium, headed by Chief Justice of India (CJI) NV Ramana, has recommended 16 names for elevation as judges of the high courts of Bombay, Gujarat, Orissa and Punjab and Haryana.

    In its meeting held on Wednesday, the collegium approved the proposal for elevation of 16 names — six judicial officers and 10 advocates — as judges of these four high courts.

    As per the statements uploaded on the apex court website on Thursday, the collegium has approved the proposal for elevation of four judicial officers — AL Pansare, SC More, US Joshi-Phalke and BP Deshpande — as judges of the Bombay High Court.

    Similarly, the collegium has recommended names of advocates Aditya Kumar Mohapatra and Mruganka Sekhar Sahoo and judicial officers Radha Krishna Pattanaik and Sashikanta Mishra for their elevation as judges of the Orissa High Court.

    For the Gujarat High Court, the collegium has approved the proposal for elevation of seven advocates — Mauna Manish Bhatt, Samir J Dave, Hemant M Prachchhak, Sandeep N Bhatt, Aniruddha Pradyumna Mayee, Niral Rashmikant Mehta and Nisha Mahendrabhai Thakore — as judges there.

    “The Supreme Court collegium in its meeting held on September 29, 2021 has approved the proposal for elevation of Sandeep Moudgil, advocate, as judge in the Punjab and Haryana High Court,” said one of the statements.

    Besides the CJI, the three-member collegium which deals with the appointment in high courts includes Justices UU Lalit and AM Khanwilkar. The collegium has been taking steps by recommending names to fill up a large number of vacancies in higher judiciary in the country.

    After assuming charge as the CJI in April this year, Justice Ramana has recommended nearly 100 names for appointment to different high courts, besides filling up nine vacancies of judges in the Supreme Court in one go.

    The 25 high courts in the country have a combined sanctioned strength of 1,080 judges and on May 1, 2021, they were functioning with 420 judges only. In a historic decision on August 17, the collegium had recommended nine names, including three women, for elevation as judges of the Supreme Court.

    The names were cleared with significant pace by the Centre leading to the swearing-in ceremony on August 31 when the new judges were administered oath of office as apex court judges.