Supreme Court Collegium Withdraws Proposal to Transfer Justice Muralidhar as Madras High Court CJ Citing No Response from Centre

Supreme Court Collegium Withdraws Proposal to Transfer Justice Muralidhar as Madras High Court CJ Citing No Response from Centre

The Supreme Court Collegium has recalled its six-month-old recommendation to the Union government to appoint Orissa High Court Chief Justice Dr S. Muralidhar as Chief Justice of the Madras High Court, citing the lack of response from the Central Government.

The recommendation has remained pending with the Government of India since 28 September, 2022 without any response, the collegium noted in its resolution.

The collegium noted that the Justice Muralidhar is nearing his retirement in August 2023 and has less than four months of term left.

The collegium, headed by Chief Justice of India (CJI) Dr. D.Y. Chandrachud, in a statement uploaded on Apex Court's website, said:

“The collegium resolved on 28 September 2022 to transfer Dr Justice S Muralidhar, Chief Justice of the High Court of Orissa to the Madras High Court. The recommendation has remained pending with the Government of India since then without any response. Dr Justice Muralidhar now demits office on 7 August 2023 leaving less than 4 months' time. In view of this delay, the resolution recommending the transfer of Dr Justice S. Muralidhar is recalled to facilitate the appointment of a permanent Chief Justice in the Madras High Court by the appointment of Justice S.V. Gangapurwala as its Chief Justice, as the High Court has remained without a permanent Chief Justice for more than 6 months.”

The Collegium has made the proposal to elevate Justice S V Gangapurwala, judge of the Bombay High Court, as the Chief Justice of the Madras High Court. The Collegium noted that it was necessary to have a permanent Chief Justice for the Madras High Court, where Justice T Raja has been officiating as the Acting Chief Justice since the retirement of the previous Chief Justice MN Bhandari on 12 September, 2022.

On 28 September, 2022 the collegium had recommended the transfer of the Orissa High Court Chief Justice S Muralidhar as the Chief Justice of Madras High Court. While the Centre approved the recommendation made in the same resolution for transfer of another Chief Justice, the proposal regarding transfer of Justice Muralidhar is kept on hold.

In January 2021, Justice Muralidhar was sworn in as the Chief Justice of Orissa High Court. Since then, several initiatives have been launched by Chief Justice Muralidhar at the Orissa High Court such as e-courts system and virtual access facilities have been praised by CJI Dr. DY Chandrachud on several occasions.

In September 1984, Justice Muralidhar started his legal practice in Chennai, India. He shifted to the Supreme Court and Delhi High Court in 1987.

Thereafter, he was appointed judge of Delhi High Court in 2006. During the 2009 Naz Foundation case, he was a member of the bench of the High Court that legalised homosexuality for the first time.

He also led the division bench that convicted members of the Uttar Pradesh Provincial Armed Constabulary (PAC) in the Hashimpura massacre case and Congress leader Sajjan Kumar in the 1984 anti-Sikh riots case.