Former Delhi HC judge Muralidhar back as lawyer in Bombay HC to argue for 2006 train blast convicts, alleges biased probe

On July 11, 2006, a series of bombs ripped through seven western suburban coaches, killing 189 commuters and injuring 824. After an over eight-year trial, a special court under the Maharashtra Control of Organised Crimes Act (MCOCA) in October 2015 awarded death penalty to five of the convicts and life terms to seven others. A special bench of the Bombay High Court has been hearing death confirmation pleas by the state government and appeals against life imprisonment imposed on convicts in the case.

Representing the two convicts before the Bombay High Court, Muralidhar, known for his verdicts on civil rights, alleged “bias” in the probe by Maharashtra Anti-Terrorism Squad (ATS). He said in such cases, years later, the accused are released from jail for want of evidence and those prime parts of their lives cannot be reconstructed.

Muralidhar further alleged that in cases involving “public outcry”, the probing agency approaches them by assuming that the accused are guilty, and in many such terror-related cases, the authorities “have failed us miserably”.

This is not the first time retired judges have donned the lawyer’s robe to argue before another high court where they have not worked. Article 220 of the Constitution provides ‘restriction’ on practice after being a permanent judge and states that a former high court judge can practise as an advocate only in the Supreme Court or high courts where they have not served as a judge.

Two months after retiring as the Chief Justice of the Orissa High Cout on August 7, 2023, Muralidhar, on October 16, 2023, was designated as a senior advocate of the Supreme Court.

In November 2023, he appeared before the Supreme Court for a retired judicial officer in connection with adverse remarks issued against her by the Madras High Court. Last year, the Supreme Court appointed Muralidhar as amicus curiae in the matter to lay down guidelines to ensure that Advocates on Record (AORs) do not make false statements in petitions.

Born on August 8, 1961, Muralidhar was enrolled as an advocate in September 1984, practised law in Chennai and later moved to Delhi. He was appointed as a judge of the Delhi High Court in May 2006 and was transferred to the Punjab and Haryana High Court in March 2020.

The day the Central government issued notification of his transfer from the Delhi High Court to the Punjab and Haryana HC in February 2020, Justice Muralidhar-led bench expressed “anguish” over communal violence in Northeast Delhi. Questioning Delhi Police’s conduct, he directed them to register FIRs against those who made hate speeches.

Justice Muralidhar was also part of the 2009 verdict in the Naz Foundation case of the two-judge bench of Delhi High Court that decriminalised homosexuality.

Several former Bombay High Court judges, including Justice Prakash D Naik, who retired in May 2024; Justice R K Deshpande, who retired in November 2020; and Justice Dama Seshadri Naidu, who resigned citing personal reasons in August 2021, are among the recently designated senior advocates of the Supreme Court.