AS Oka reassigned case after ‘bias’ row

Mumbai: Amid the hue and cry raised by the advocates belonging to different associations in the city in support of Justice A.S. Oka, a sitting judge of the Bombay high court, the Chief Justice Manjula Chellur has sent a letter to the Advocates Association of Western India (AAWI) that the issue of noise pollution would be heard by a larger bench on Monday. The lawyers were agitated due to the state government’s allegation against Justice Oka on Thursday that he was biased against the state while hearing the issue of noise pollution in the city and hence the case should be transferred to some other bench.

“Our president has received a letter from the Chief Justice Manjula Chellur informing that a larger bench, consisting Justices Abhay Oka, Anoop Mohta and Riyaz Chagla, has been constituted to hear the petitions related to noise pollution and this matter would be heard on Monday itself,” said Viresh Purwant, secretary of AAWI.

There has been anxiety among the lawyers after part a matter on noise pollution was transferred from Justice Oka’s bench pursuant to an application made by the Government of Maharashtra. The state government in its application had alleged that Justice Oka was biased against the state and hence had requested the Chief Justice to transfer the matter to some other bench. However, the bench headed by Justice Oka has already substantially heard this matter as of now.

Following State’s request on August 24, the matter was transferred from Justice Oka’s bench. However, different associations of lawyers wrote letters to Justice Chellur expressing their anguish over transferring the matter from Justice Oka’s bench and termed the government’s application as a tactic to get the petitions transferred, as it felt the matter was going against it.

The associations in their letters on Saturday expressed faith and confidence in Justice Oka and had requested the Chief Justice to take appropriate action leading to restore the honour of Justice Oka. On Sunday, the AAWI confirmed that as per the letter received by Justice Chellur, the new bench that will hear this matter would also have Justice Oka.