Noise pollution case referred to another bench of Bombay HC

In a setback to anti-noise pollution activists who wanted decibel levels lowered during the Ganesh festival in silence zones and just when a Division Bench of the Bombay High Court comprising Justice Abhay Oka and Justice Riyaz Chagla was about to give a direction to the state government on the issue, Chief Justice Manjula Chellur on Thursday transferred all matters related to the case to a special bench.

“Before the order of this court was sent to the registrar, the order of transfer of all petitions pertaining to this matter was passed by Chief Justice to be transferred to a special bench,” Justice Oka said.

What is even more shocking is that the state government on Thursday accused a senior judge of harbouring “serious bias” against it.

Justice Abhay Oka has been hearing matters pertaining to noise pollution in the city for more than four years now and the judge had in the past passed several orders and gave a landmark verdict in August 2016 over noise pollution. Justice Oka has time and again taken the state to task for failing to comply with permissible noise levels.

Accused of bias, Justice Oka on Thursday expressed anguish. “This is for first time in my 14 years as HC judge has someone levelled such charges against me,” he said.

Earlier, when AdvocateGeneral Ashutosh Kumbakoni informed the bench about the state government’s application, it expressed shock and said it does not intend to recuse itself. “There are specific allegations of bias in the application. But we won’t get provoked,” Justice Oka said, adding, “I will not recuse myself.” In the afternoon session, Justice Oka said, “All matters have been transferred. We were told by the judicial registrar that the Chief Justice has passed the transfer order even before our order refusing to recuse from the matter (was issued).”