Judicial anguish

The political leaders who fanned the flames both during and after the Delhi Assembly elections can’t wash their hands of the violence that has claimed 35 lives so far, even as their party leadership has largely taken a lenient view of their irresponsible utterances. On Wednesday, the Delhi High Court expressed anguish over the Delhi Police’s failure to register FIRs against four BJP leaders over their hate speeches. A Bench of justices S Muralidhar and Talwant Singh wondered why the police, who had lodged several FIRs in connection with incidents of arson, looting and stone-pelting, had not shown similar urgency to bring to book politicians who made incendiary remarks. The police’s reluctance to take action against the hate-mongers found an echo in the Centre’s view that the court should not hurriedly order the lodging of FIRs, which would eventually be registered when the situation became ‘conducive’. What the Centre is doing to restore normalcy is anybody’s guess.

Justice Muralidhar’s strictures against the police and the government have turned out to be a parting shot of sorts as he has been transferred to the Punjab and Haryana High Court. The transfer was recommended by the Supreme Court collegium recently, but its timing has raised many an eyebrow. Last week, the Delhi High Court Bar Association had urged the collegium to ‘revisit and recall’ the proposed move, saying that ‘such transfers impede free and fair delivery of justice’. The judge has been part of judgments with far-reaching implications, including those pertaining to the decriminalisation of homosexuality and the conviction of Congress leader Sajjan Kumar in a 1984 riots case. Even if the due process was followed in transferring him, the government needs to explain the undue haste with which it acted now.

The Centre has come a cropper in maintaining law and order in Delhi. It’s hoped that the judicial scrutiny would lead to a course correction. No matter which party’s leaders spread hate, they should all be made to face the law. The rabble-rousers have already done a lot of damage. It’s time they got their comeuppance.

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