Mumbai Bar panel moves to oppose order on Justice Oka

The order of Bombay High Court Chief Justice Manjula Chellur suddenly transferring the high-profile noise pollution case, in which the state government is a party, from a bench of Justice Abhay Oka to another one has not gone down well with the Bar.

Mumbai’s legal fraternity has termed the order of Chief Justice Chellur as “bad in law” saying this is for the first time that such a thing has been done with one of the high court’s senior-most judge without hearing his side.

The Bombay Bar Association has called an Extraordinary General Meeting (EGM) to discuss the issue. Sources said the association is likely to pass a resolution to express its solidarity with Justice Oka and reiterate its “faith and confidence” in him.

Former judges have also come forward in support of Justice Oka, who was accused by the Maharashtra government of harbouring “serious bias” against it over the noise pollution cases. Justice Oka had been hearing all noise pollutionrelated matters for more than four years now and had on several occasions taken the state to task.

Retired judges have also come out in support of Justice Oka. Justice R.M.S. Khandeparkar, former judge of the Goa bench of the high court, told Free Press Journal, “The Chief Justice should not have had passed such an ex parte order against such a senior judge. This will have an impact on the functioning of the judiciary.” By making bias allegations against a sitting HC judge, the government is undermining the judiciary.

Another former judge, Justice V.M. Palshikar, said, “The order is wrong and bad in law. The Chief Justice cannot act against a judge without hearing him. I hope the petitioners approach the Supreme Court and challenge this order,” he said.

Mumbai’s legal fraternity has termed the order of Chief Justice Chellur as “bad in law” saying this is for the first time that such a thing has been done with one of the high court’s senior-most judge without hearing his side