Former Bombay HC Judge, Justice Kolse Patil also expressed his displeasure over the way some appointments were canceled and transfers were done by the Collegium in some earlier cases.
Mumbai| Former Bombay High Court Judge and Social activist B.G. Kolse-Patil, while talking to HW News, said that the collegium could have stopped the transfer of Delhi HC Judge Muralidhar. Justice Muralidhar was transferred on the same day he ordered to file an FIR on BJP leaders for inciting violence.
He said that the transfer can not be termed as ‘unusual’ but Justice Muralidhar had a right to ask why he was being transferred in such haste. He stressed on the fact that since Justice Muralidhar was ceased with a matter of national interest, collegium should have stopped his transfer for some time in the interest of justice.
On the question of why it took 15 days for an order of transfer since collegium had recommended it on 12th February, Justice Patil said, “Since Mr. Modi and Mr. Shah have come to power, they have even made the collegium to cancel appointments of judges. There are cases where appointments were suggested and then canceled later.”
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Talking about the case of Sohrabuddin Encounter in which Union Mister Amit Shah was an accused, Justice Patil said, “Even in Shah’s matter in Mumbai High Court, Supreme Court had ordered that Shah’s case should be heard by one judge only and no transfers should be ordered. Thereafter, Judge Utpat, who had said something against Shah was transferred to Pune. And country knows what happened to Judge Loya. So that case despite the Supreme Court’s order had gone to the third judge. Now, this may be a coincidence or a political will.”
Justice Patil also said that not only during Mr. Modi’s government but also during Congress’s regime, the transfers suggested by the collegium were rejected by the government.
“Some of the judges who gave decisions against Modi or Shah, they were made to retire with acts of transfer. One such judge was transferred to Bangalore and then to a very small court, which he refused to accept and resigned.”, Justice Patil said.
He also said that Justice Muralidhar asked the right questions in the courtroom regarding who incited the violence and who were framed as accused.
“It is a very normal practice for a Judge to ask these questions. In this case, even though collegium had bonafide transferred him, but the impression it gave to the country is that he was transferred because he spoke against BJP leaders. And that is not a good message for the Judiciary.”, Justice Patil said.
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