Judge who clashed with Modi government

Who shook the walls of the palace with his bold decisions (A true incident)

In the recent anti-Muslim riots in Delhi, if the Modi government, the federal bureaucracy, the police, and the BJP leaders showed a partisan mentality, there were also demonstrations of philanthropy and impartiality by some Hindus. Neighboring Hindus saved the lives of Muslims in Hindu-majority neighborhoods. Sheltered them in their homes or drove them out of the area intact.

The RSS, the BJP and other parties of the Sangh Parivar have also taken the Indian judiciary into their own hands, but some judges are still showing courage and supporting the truth. Such judges are usually from the southern Indian states of Tamil Nadu and Kerala. Extremist Hinduism has not set foot in these areas and the banner of tolerance and forbearance is high.

Justice S. Murali Dhar, who has been a Delhi court judge for the last 14 years, is also from Chennai, Tamil Nadu. He was the third most senior judge of the Delhi High Court when the test of his ability and integrity began on the evening of February 25. Incidentally, Sarwar Mandir is a young lawyer from Delhi. Engaged in social activities beyond color, race, religion. He was informed that police were blocking the way of ambulances in the Mustafaabad area of ​​North East Delhi. She is not letting them go to the hospital.

Sarwar Mandir immediately reached the Delhi High Court. The purpose was to get the court to order the police not to block the ambulances. The High Court office (registry) usually does not accept any case when it is dark. But it seems that there was a compassionate person in the Delhi High Court office at that time. He accepted the petition of Sarwar Mandir. Not only that, he immediately forwarded the request for a hearing.

The Chief Justice of the High Court was on leave. Coincidentally, another senior judge, Justice Seshani, was also on leave that day. Therefore, he referred the petition to Justice Murali Dharan. It was clear that the situation was very serious. On the one hand, the wounded Muslims were suffering from pain and they needed immediate treatment, on the other hand, the stone heart police would not allow them to go to the hospital. Of course, Home Minister Amit Shah must have forced him to take this step.

Justice Murali Dharan also realized the seriousness of the matter. So they set up a bench to hear the case. The other judge was Justice Bhambani. The important thing is that he set up a court in his house at 12.30 pm. It is clear from this move that Justice Murali Dhar took the matter very seriously and refrained from hanging it further.

During the court hearing, he directed the Delhi Police to use all its resources to transport the injured to the hospital. Giving this order, the hearing was adjourned till 12:30 pm the next day. He also summoned the Solicitor General (Deputy Attorney General) of the Modi government, Tishar Mehta, for the next hearing.

The bench resumed hearing on October 26 at 12.30 pm. Twenty minutes later, Harish Mander filed a petition directing the police to register an FIR against Anurag Thackeray, Kapil Mishra, Pervez Verma, and other BJP leaders. Also, a judicial commission should be set up to independently investigate the riots. Justice Murli Dhar accepted the petition and started debating on it. During this discussion, Mr. Justice and Solicitor General, Tsar Mehta exchanged sharp words.

It may be recalled that Anurag Thakur, Kapil Mishra, Parvez Verma, and others had made provocative speeches against Muslims in public rallies in the last three months. All three chanted "Shoot the years" to the audience at their meetings. His speeches added fuel to the fire and sparked riots in north-east Delhi.

Tshar Mehta said that the situation was very critical at the moment and the police could not file an FIR against the BJP leaders. However, cases will be registered at "appropriate times". Justice Murali Dharan asked: "When will the right time come? When will the city burn to ashes? ”

"Sir, the city is not burning, there is chaos in only a few areas," said the solicitor general.

Justice Murali Dharan said: "How many more lives will be extinguished?" How many more shops will be burnt now? ”It was as if he wanted to ask why the FIR is not being cut even after so much has happened.

"My lord, don't be angry," Mehta said.

"It's not anger, I'm expressing concern," Justice Murali Dharan said seriously.

Senior police officers were also present in the court. Justice Murli Dharan asked him why the FIR was not being registered against the accused. This will send the wrong message to those who kill and loot in riots. They will understand that commit a high crime, there is no one to stop them.

"We are trying to control the situation," the police officer said.

Justice Murali Dharan: "You must control the situation but also bring the perpetrators to justice. They are responsible for creating this situation. The court wonders why the FIR against the rioting leaders is not being expedited. We want peace and order in the city. This city has seen a lot of bloodshed. Please don't let the 1984 massacre happen again. Understand that the longer the FIR is lodged, the more problems will arise.

Tsar Mehta said that not only BJP but also leaders of other parties have made provocative speeches. But Harish Mander and his lawyer have targeted only BJP leaders. The court remarked that an FIR should be registered against any leader who has made biased and hate speech.

On the occasion, Harish Mander's lawyer said: "There are video clips of provocative speeches by BJP leaders. They are not ashamed of what they say, but they are proud of it. I think if they are arrested, the situation will be brought under control soon. " Police did nothing to stop them. Because of these things, the city is in a bad situation.

On one occasion, Justice Murali Dharan asked Tsar Mehta: "Have you seen the video clip of the riots?" If so, do you still think that it is not enough to drop FIRs against leaders?

Tsar Mehta replied: "Sir, I have not seen the video clip. I don't watch TV anyway.

Justice Murali Dharan said in surprise: "Well, that's it. We judges are forced to watch TV. We don't get this concession like you. ”He then asked the Deputy Commissioner of Delhi Police if he had seen video clips of controversial speeches by BJP leaders.

The Deputy Commissioner said: "I have seen clips of two speeches. But did not watch the video of Kapil Mishra's speech.

Justice Murali Dharan's theory came upon this. He said: "I was very surprised to hear this. There are several televisions in your office. What kind of police officer are you that can't see or hear the speeches that started the riots in this city? ”A video clip of Kapil Mishra's speech, which he delivered in northeast Delhi, was again played on the order of the court. Of was

The court finally directed the police to decide by tomorrow whether an FIR should be registered against the BJP leaders or not. The court adjourned until twelve o'clock the next day.

It is certain that when Justice Murli Dharan criticized the federal and Delhi police, there was a stir in the Modi government. Perhaps for the first time in five years, a courageous judge took the Modi government by surprise. The arrogant and dictatorial government could not bear this criticism. Therefore, at nine o'clock on the night of February 26, he suddenly issued orders for the transfer of Justice Murali Dharan.

It is true that it was decided to appoint Justice Murali Dharan as a judge of the Punjab and Haryana High Court. But there were still days to go. But he ordered their transfer overnight. Apparently, he feared that at the February 27 hearing, Justice Murali Dharan could order the arrest of BJP leaders who had made provocative speeches. Therefore, even before this truthful order came, the Modi government once again shed the blood of justice. But he must remember:

The Day of Judgment is near۔