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Transfer-Punishment, Postponing promotions, appointments are dirtiest ever Political Attacks on Judiciary in India : Nation remembers BJP Govt’s revenge on Justice Akil Kureshi (Tripura's present Chief Justice), Justice Loya, others
TIWN Feb 28, 2020
Transfer-Punishment, Postponing promotions, appointments are dirtiest ever Political Attacks on Judiciary in India : Nation remembers BJP Govt’s revenge on Justice Akil Kureshi (Tripura's present Chief Justice), Justice Loya, others
PHOTO : Few targeted judges of India under Modi Govt. TIWN File Photos.

AGARTALA, Feb 28 (TIWN): Nation is shocked by overnight transfer of Delhi High Court Justice S. Muralinath and in quick updates changes across police, administrations are going on just to save the BJP Criminals leaders who rioted Delhi. Under BJP journalists, politicians, police, IAS, IPS officers were under attack and Judicial system was in pressure but now the attacks on judiciary is open and wide. After Delhi High Court judge S. Muralidhar was transferred overnight during Delhi riot case hearing, National Congress recalled how various justices were targeted time to time at the cost of their independent judicial moves. The party also referred Justice Akil Abdulhamid Kureshi, who is now Tripura's incumbent High Court Chief Justice was punished without appointment because he sent Amit Shah to jail in a murder case in 2010. Congress spokesperson Randeep Surjewala also mentioned other Justices who faced same troubles.

The Congress has attacked the Centre over transfer of Justice S Muralidhar from Delhi High Court to Punjab and Haryana High Court.

Within hours of the bench's order, the Ministry of Justice and Law passed an order and immediately transferred him to the Punjab and Haryana High Court.

Questioning the government for the transfer, Congress has asked three big questions to PM and Amit Shah:

https://www.youtube.com/watch?v=JATLNaMg978&feature=youtu.be&fbclid=IwAR2-MNXVvgq4GEO6i7lItT7SxoBY66IycpIGkNu6diehNEwujVjzfNLIv0s After Delhi High Court judge S. Muralidhar was transferred overnight during Delhi riot case hearing, National Congress recalls how Justice Akil Abdulhamid Kureshi (Tripura's incumbent High Court Chief Justice) was punished without appointment because he sent Amit Shah to jail in a murder case in 2010

1. Were you afraid that if your party's leaders would be investigated independently and impartially, then your own collusion would be exposed in Delhi's violence, terror and chaos?

2. How many judges will you transfer to prevent fair and effective justice being ensured?

3. Did you have any way to justify the toxic statements made by the leaders of your own party, so you transferred to the judge who ordered the police to investigate the leaders of your party?

 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 alleged mysterious circumstances on December 1, 2014.

Justice Loya

Few victim judges :

Justice Gopal Subramanium : In 2014, Chief Justice RM Lodha on Tuesday slammed the Narendra Modi government over senior counsel Gopal Subramanium withdrawing his consent to be appointed a Supreme Court judge."The government segregated Subramanium's file without informing collegium. It was a shock for me," Justice Lodha said at a function.He said the government's decision was unilateral.In a letter to the Chief Justice, made public on June 25, Subramanium had said he faced government's hostility for his "independence and integrity" as a lawyer.

Justice K.M.Joseph : Congress leader Surjewala on yesterday 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.

 “The appointment of Mr. Gopal Subramaniam, famous lawyer of Supreme Court who was a lawyer against Modi-Shah in Gujarat riots, was forcibly stopped and orders of the Supreme Court Collegium ignored. Justice Geeta Mittal, who gave an uneasy judgment against govt about shell companies, was also transferred in a similar manner. It's clear that if judges curb government's policies as per the constitution, then the Modi government will work with a sense of revenge,” Surjewala said

Justice Kureshi : (Amit Shah was arrested on 25 July 2010 in connection with the Sohrabuddin case. He was charged with the murder, extortion, and kidnapping among other charges. At one time, Shah was considered as one of the main contenders for the Gujarat Chief Minister's post)

The real reason for the Modi Government’s aversion to Justice Kureshi, say sources in the judiciary, is his order which remanded Amit Shah to judicial custody in the Sohrabuddin Shaikh fake encounter case.

Steeped in Gandhian ideals, Justice Kureshi has neither complained nor resigned, choosing instead to stoically bear the cross.

After that incident Rahul Gandhi said, "Remembering the brave Judge Loya, who wasn't transferred," 

Brijgopal Harkishan Loya was an Indian judge who served in a special court which deals with matters relating to the Central Bureau of Investigation. He was presiding over the Sohrabuddin Sheikh case, and died on 1 December 2014 in Nagpur. Judge BH Loya died in December 2014 while hearing the Sohrabuddin Sheikh encounter case, in which Home Minister Amit Shah was an accused but was later acquitted of all charges.

Justice Kureshi himself fell foul of the Modi Government when he ruled against the Gujarat Government’s decision to appoint a retired High Court judge as the Lok Ayukta and upheld the decision of the then Governor. He had also ruled in favour of sending Amit Shah to judicial custody in the Sohrabuddin Sheikh fake encounter case.

Not surprisingly, when time came for Justice Kureshi to be elevated as the Acting Chief Justice of the Gujarat high Court, the Government prevailed over the Supreme Court collegium to deny him the opportunity and instead, got him transferred to Bombay High Court.

Following protests by the Gujarat bar against appointment of Justice A.S. Dave, junior to Justice Kureshi, as Acting CJ, the government withdrew the notification and allowed Justice Kureshi to function as the Acting Chief Justice of Gujarat High Court for 12 (Twelve) days.

And when the collegium recommended his elevation as Chief Justice of the Madhya Pradesh high Court, the Government once again prevailed over the collegium to transfer him to a much smaller High Court in Tripura, although before Chief Justice Akil Kureshi’s arrival in Tripura, public faith on judiciary almost was on the verge of death ! Need not to mention, Justice Kureshi’s arrival helped to restore the faith on judiciary although in lower court justices are under huge pressure.

Question raises, if this is the situation of High Courts of India what is the situation in the lower courts ???

 

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