BJP will eliminate any remnants of corruption in its second term: Swamy

New Delhi, Mar 6: Justice S Muralidhar Thursday cleared the air over the controversy on his transfer from the Delhi High Court to Punjab and Haryana High Court, saying he had replied to Chief Justice of India S A Bobde's communication that he was fine with the proposal and had no objection to it.

The controversy erupted after the Centre issued Justice Muralidhar's transfer notification close to mid night of February 26 -- the day a bench headed by him had pulled up Delhi Police for failing to register FIRs against three BJP leaders for their alleged hate speeches which purportedly led to the recent violence in northeast Delhi.

Justice Muralidhar (58), who received a grand farewell on Thursday from a huge gathering including judges and lawyers amid big rounds of applause, said he wanted to clear the confusion on his transfer and narrated the sequence of events from the time he received CJI's communication till February 26.

The Supreme Court collegium, headed by the CJI, had in a meeting on February 12 recommended the transfer of Justice Muralidhar to Punjab and Haryana High Court.

Justice Muralidhar was number three in the Delhi High Court, his parent high court as a judge.

Explaining the transfer process, he said the 5-member collegium sends to the Centre a recommendation that a judge of a high court should be transferred to another high court. The judge concerned is not at this stage under orders of transfers. That happens only when the collegium's recommendation fructifies into a notification.

“In my case, the collegium's decision was communicated to me by the CJI on February 17 by a letter which sought my response. I acknowledged receipt of the letter, I was then asked to clarify what I meant. As I saw it, if I was to be transferred from the Delhi High Court any way, I was fine with moving to the Punjab and Haryana High Court.

“I therefore clarified to the CJI that I did not object to the proposal. An explanation for my transfer reached the press...on February 20 quoting 'sources in the Supreme Court collegium', confirming what has been indicated to me a couple of days earlier,” he said.

The CJI's letter dated February 14 was delivered to Justice Muralidhar on February 17, the day when the family's pet labrador Sakhi breathed her last.

He said February 26 was perhaps the longest working day of his life as a judge of the Delhi High Court, where he has spent 14 years on the bench.

He said it began at 12:30 am with a sitting at his residence with Justice A J Bhambhani, under the orders of Justice G S Sistani, to deal with a PIL filed by Rahul Roy seeking safe passage of ambulances carrying the injured riot victims.

“When I received a call at my residence from the lawyer for the petitioner, I first called Justice Sistani to ask what should be done, knowing that the Chief Justice (CJ) was on leave. Justice Sistani explained that he too was officially on leave the whole of February 26 and that I should take up the matter.

“This fact is stated in the order passed by the bench after the hearing. Later that day, upon urgent mentioning, as the de facto CJ's bench, Justice Talwant Singh and I took up another fresh PIL on the CJ's board seeking registration of FIRs for hate speeches. After the orders passed on that day, the above two PILs remained on the CJ's Board,” he said.

Justice Muralidhar ended the speech saying the notification which was issued close to midnight of February 26 did two things.

“First, it transferred me to Punjab and Haryana High Court. Second, it appointed me to a position from where I can never be transferred, or removed and in which I shall always be proud to remain. A 'former judge' of arguably the best high court in the country. The High Court of Delhi,” he said, following a standing ovation by all the judges and the gathering, including his family members, former judges, lawyers, court staff and media persons.

Earlier in the day, a farewell programme was also organised by the Delhi High Court Bar Association.

While addressing the gathering at the bar's function, Justice Muralidhar concluded his address saying “When justice has to triumph, it will triumph ... Be with the truth - Justice will be done.”

Justice Muralidhar's mother, wife Usha Ramanathan, former Delhi High Court chief justice A P Shah, senior advocate Shanti Bhushan and former Delhi University VC Upendra Baxi were also present at the later function that was organised by the court.

Bidding adieu to Justice Muralidhar, Delhi HC CJ D N Patel said it was an occasion which has come with a saddening effect and his absence will be felt institutionally as well as personally.

Delhi government standing counsel (criminal) Rahul Mehra termed Justice Muralidhar as a “highly intellectual, courageous, upright and incorruptible judge” and sang bengali song 'ekla chalo re' to describe him.

Mehra said he joins Delhi High Court Bar Association in “strongly condemning” Justice Muralidhar's transfer.

Mumbai, Jul 16: Poet-activist Varavara Rao has tested positive for Covid-19. The 80-year old, named as accused in the Elgar Parishad case, was shifted to state-run JJ Hospital from Taloja central jail where he was lodged after he complained of dizziness. The hospital conducted tests including one for Covid-19 the results for which confirmed that he is positive.

Dr Ranjit Mankeshwar, the dean of JJ Hospital said, “He has shown no symptoms of Covid-19 so far. He has no breathing difficulty and is stable. We will soon shift him to a Covid hospital.” Rao is likely to be shifted to St George hospital.

Last week, Rao’s family had held a press conference after receiving a call from him from prison. His family had then said that his condition was deteriorating and he should be provided immediate medical aid. He was earlier shifted to the hospital when he fell unconscious in jail in May but was discharged within three days. The family had said that he was not provided proper medical treatment.

Last month, a special court had rejected his interim bail plea where he had cited his susceptibility to the virus due to his age and other medical conditions. The court, however, had said the superintendent of prison has been directed to take appropriate measures in such cases where medical attention is required. Before he was shifted to the hospital on Tuesday, Rao was admitted to the hospital ward of the jail and as he had been unable to do basic chores without depending on other inmates.

An appeal against the special court’s order is pending before the Bombay High Court. The plea is likely to be heard tomorrow.

Lucknow, May 27: Uttar Pradesh chief minister Yogi Adityanath has taken a U-turn, two days after he declared that permission would be needed if other states employ workers from UP.

The issue sparked a major controversy and an official spokesman has now said that the government would not include this clause of 'prior permission' in the bye-laws of the Migration Commission.

The government spokesman also said it was working on modalities to set up the commission to provide jobs and social security to migrant workers returning to the state. It has named the migration commission as the "Shramik Kalyan Aayog (Workers welfare commission).

About 26 lakh migrants have already returned to the state and an exercise to map their skills is being carried out to help them get jobs.

Yogi Adityanath has discussed the modalities for setting up the commission and told his officers to complete the skill mapping exercise in 15 days.

A senior official of Team 11, said, "The chief minister discussed the modalities for setting up the commission, as well. There will be no provision requiring other states to seek UP government's prior permission for employing our manpower. The commission is being set up to provide jobs and social security to the workers. We will also link the migrants to the government schemes to provide them houses and loans etc."

Yogi Adityanath said a letter should be sent to all state governments to find out about migrant workers wanting to come back to Uttar Pradesh.

Earlier, the chief minister, while speaking at a webinar on Sunday, had said, "The migration commission will work in the interest of migrant workers. If any other state wants UP's manpower, they cannot take them just like that, but will have to seek permission of the UP government. The way our migrant workers were ill-treated in other states, the UP government will take their insurance, social security in its hands now. The state government will stand by them wherever they work, whether in Uttar Pradesh, other states or other countries."

The statement had sparked a row with some political leaders and parties questioning the move.

Former Congress president Rahul Gandhi sharply criticized Adityanath's stand, saying the workers were not the chief minister's personal property.

"It is very unfortunate that the chief minister of Uttar Pradesh views India in such a way. These people are not his personal property. They are not the personal property of Uttar Pradesh. These people are Indian citizens and they have the right to decide what they want to do and they have the right to live the life they want to live," he had said.

Maharashtra Navnirman Sena chief Raj Thackeray had also taken on Adityanath and said that if UP insists on "permission" before other states can employ workers from there, "then any migrant entering Maharashtra would need to take permissions from us, from the Maharashtra state, our police force too."

Meanwhile, the government spokesman said, "The chief minister is deeply moved by the condition of migrants. They have been treated badly by other states. So, when the chief minister spoke about the need for seeking UP government's permission, he did so as a guardian for workers. It's only his concern for the migrants that came out as a political statement."