{"id":298800,"date":"2023-08-07T15:30:12","date_gmt":"2023-08-07T10:00:12","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=298800"},"modified":"2023-08-07T15:36:28","modified_gmt":"2023-08-07T10:06:28","slug":"know-your-judge-dr-justice-s-muralidhar-cj-of-orissa-hc-preserver-rule-of-law-retires-legal-news","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2023\/08\/07\/know-your-judge-dr-justice-s-muralidhar-cj-of-orissa-hc-preserver-rule-of-law-retires-legal-news\/","title":{"rendered":"Dr Justice S. Muralidhar: A Devoted Preserver of Rule of Law, retires"},"content":{"rendered":"
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In an impressive career, which spans over 3 decades, Dr Justice S. Muralidhar has established himself as a legal luminary whose persona is a terrific combination of intellect and sensitivity. As he prepares to call it a day as 32nd<\/span> Chief Justice of Orissa High Court, we have made a humble attempt to curate the important moments and decisions of this much beloved and respected Judge.<\/p>\n

Early Life, Education and Advocacy1<\/sup><\/a><\/p>\n

Born on 8-08-1961, Dr Justice Muralidhar completed his graduation in Bachelor of Science in Chemistry from Vivekananda College, Chennai and thereafter he completed his Law Degree from University of Madras and was awarded the L. C. Miller Medals and the Carmichael and Innes Prize in 1984.<\/p>\n

Did you Know?<\/span> Dr Justice S. Muralidhar represented India at the 25th Phillip C. Jessup International Law Moot Court Competition held in Washington D.C. in April, 1984.<\/span><\/p>\n

Justice Muralidhar enrolled as an Advocate on 12-09-1984 and started his legal practice before Madras High Court and Civil Courts in Chennai. In July, 1987 he shifted his practice to Delhi and worked with G. Ramaswamy who was then Additional Solicitor General of India.<\/p>\n

Dr Justice S. Muralidhar cleared the Advocate-on-Record Examination conducted by the Supreme Court of India in 1990 and secured the first position and was also awarded Mukesh Goswami Memorial Prize. He also completed his LL.M in Constitutional and Administrative Law from Nagpur University in 1991.<\/p>\n

Dr Justice S. Muralidhar was awarded Doctorate in Philosophy (Ph.D.) for “Legal Aid and the Criminal Justice System in India<\/span>” by University of Delhi in February, 2003.<\/p>\n

He argued cases before Supreme Court of India, Delhi High Court and various other judicial fora. His practice included a diverse range of litigation in the field of Constitutional law, Election Law, Criminal Law, human rights, legal aid, and public interest litigation etc. He was also a counsel for Election Commission of India and National Human Rights Commission for several years.<\/p>\n

Membership of Committees2<\/sup><\/a><\/p>\n

Dr Justice S. Muralidhar served as a Member and Chairman of various committees. He served as a Member of the Administrative and General Supervision Committee, the Building Maintenance and Construction Committee, Committee for designation of Senior Advocates. Justice Muralidhar also served as a member of Committee to take up the matter with the Government for providing the infrastructure for the Subordinate Judiciary, etc.<\/p>\n

Judgeship<\/p>\n

Justice Muralidhar was elevated as an Additional Judge of Delhi High Court on 29-05-2006 and became Permanent Judge on 29-08-2007. After serving his parent High Court for 14 years as a Judge, Dr Justice S. Muralidhar was transferred as Judge of High Court of Punjab and Haryana from 6-03-2020 till 3-01-2021. He was thereafter sworn in as Chief Justice of the Orissa High Court on 4-01-2021<\/span>3<\/sup><\/a>.<\/p>\n

The Supreme Court Collegium had resolved to transfer him to the Madras High Court, the recommendation of which however, remained pending with the Government of India without response. In view of the delay, the Collegium in its Resolution dated 19-04-2023 recalled<\/a> the recommendation of Dr Justice S. Muralidhar in order to facilitate the appointment of a permanent Chief Justice in the Madras High Court.<\/p>\n

Did You Know?<\/span> On September 17, 2022, Dr Justice S. Muralidhar inaugurated Paperless Courts, a groundbreaking initiative that encompassed all 30 districts of Odisha, streamlining court proceedings and promoting an eco-friendlier approach to legal proceedings. His visionary leadership led to the inauguration of 20 virtual courts in the state, marking the advent of e-filing and web portal concepts.4<\/sup><\/a><\/span><\/p>\n

Notable Judgments<\/p>\n

Delhi High Court<\/p>\n

Consideration of issues regarding online use of trademarks and determination of territorial jurisdiction of Court: Delhi HC<\/p>\n

Dr S. Muralidhar*, J<\/span>., in Banyan Tree Holding (P) Limited v. A. Murali Krishna Reddy<\/span>, 2009 SCC OnLine Del 3780<\/a>, applied the purposeful availment test and observed that for the purposes of a passing off action, or an infringement action where the plaintiff is not carrying on business within the jurisdiction of a court, in order to satisfy the forum court that it has jurisdiction to entertain the suit, the Plaintiff would have to show that the Defendant “purposefully availed” itself of the jurisdiction of the forum court and held that merely having an interactive website was not sufficient to make the defendant amenable to the jurisdiction of the forum court. It was further held that the plaintiff had to show the intention of the defendant to conclude a commercial transaction with the website user.5<\/sup><\/a><\/p>\n

Air India’s order allowing Executive Female Cabin Crew to be considered for the position of “In Flight Supervisor”, is not violative of the Constitution: Delhi HC<\/p>\n

The Division Bench of Mukul Mudgal and Dr. S. Muralidhar*<\/span>, JJ., in Rajendra Grover v. Air India Ltd.<\/span>, 2007 SCC OnLine Del 1389<\/a>, while hearing a challenge against Air India’s promotional policies whereby which they had allowed female cabin crew to undertake flying duties up to 58 years bringing them at par with male counterparts and Executive Female Cabin Crew will henceforth be eligible to be considered for the position of In-flight Supervisor (IFS) along with the male Executive Cabin Crew; held that the impugned orders were not discriminatory.<\/p>\n

The right to housing is a bundle of rights not limited to a bare shelter over one’s head: Delhi HC<\/p>\n

The Division Bench of Dr S. Muralidhar*<\/span> and Vibhu Bakhru, JJ., in Ajay Maken v. Union of India<\/span>, 2019 SCC OnLine Del 7618<\/a>, while deliberating over PIL filed in relation to forced eviction of 5000 jhuggi dwellers in Shakur Basti, stated that the right to housing is a bundle of rights which includes the right to livelihood, right to health, right to education and right to food, including right to clean drinking water, sewerage and transport facilities. The law explained by the Supreme Court in several of its decisions discourage a narrow view of the dweller in a jhuggi<\/span> as an illegal occupant without rights. They acknowledge that the right to adequate housing is a right to access several facets that preserve the capability of a person to enjoy the freedom to live in the city. They recognise such persons as rights bearers whose full panoply of constitutional guarantees require recognition, protection and enforcement. That is the running theme of the DUSIB Act and the 2015 Policy. Once a JJ basti\/cluster<\/span> is eligible for rehabilitation, the agencies should cease viewing the JJ dwellers therein as illegal encroachers.<\/p>\n

2020 Delhi Riots | Delhi HC issues directions regarding safe passage of dead bodies of riot victims; setting up helplines and rehabilitation of riot victims<\/p>\n

The Division Bench of Dr S. Muralidhar and Anup Jairam Bhambhani, JJ., in Rahul Roy v. State (NCT of Delhi)<\/span>, 2020 SCC OnLine Del 2106<\/a>, issued multiple directions<\/a> to the Delhi Government regarding matters like-<\/p>\n