​Maharashtra govt says sorry for accusing HC judge of ‘bias’
The Maharashtra government had made the allegations in a bunch of petitions relating to noise pollution that were being heard by a division bench headed by Justice Oka.
 
Written by Ruhi Bhasin | Mumbai | Updated: August 29, 2017 3:37 am

<img class="size-full wp-image-4818326" src="http://images.indianexpress.com/2017/08/justice-as-oka.jpg" alt="justice oka, maharashtra govt, bombay hc, hc judge, mumbai high court, bombay judge biasness case, maharashtra news, indian express" /> Justice A S Oka
The Maharashtra government Monday apologised and withdrew the allegations it earlier made against Justice A S Oka of the Bombay High Court that the judge harbours a “serious bias” against the state machinery. The government had made the allegations in a bunch of petitions relating to noise pollution that were being heard by a division bench headed by Justice Oka.
The bench has now asked the state government to file an affidavit tendering an unconditional apology while expressing remorse for its conduct. “The damage is irreparable as far as the institution is concerned,” said Justice Oka, adding that the Advocate General should make the state government aware of the “consequences” of its action. Justice Oka further said the “state did not trust the High Court and that is the difficulty”.
“You have taken this 155-year-old institution for a ride. First, go and apologise to the Chief Justice whom you misled by not showing our order. Your apology is not bonafide,” said the court.
In a fresh communication by deputy secretary Vijay Patil submitted before the court on Monday, he pointed out that the contention of bias was “not raised as an allegation against the Honourable Judge personally but was limited specifically and limited only to the ‘subject matter’ involved in the group of matters”. It further stated that the state held the Judge individually with pride and in the highest esteem and has the highest regard and respect for him “which is demonstrated by the state in various matters” decided by him where it is a contesting party,” the communication stated. The request for transferring the cases to another bench has also been withdrawn.
The government had filed an application last Thursday, where it had sought transfer of all noise pollution matters being heard by a bench headed by Justice Oka after he had expressed “prima facie” opinion against the state’s view doing away with silence zones.
The Centre had amended the Noise Pollution Rules 2000 on August 10, under which the state was supposed to declare silence zones. Advocate General A Kumbhakoni had informed the court that no silence zones existed in the state as of now and a fresh exercise would have to be undertaken by the state government to identify silence zones.
A division bench of Justice Oka and Justice Riyaz Chagla, however, expressed their view and disagreed with this stand of the government stating that the government would first have to seek modification of the court’s 2016 order declaring an area of not less than 100 metres around hospitals, educational institutions and courts constitutes a silence zone.
READ | Justice Oka row leaves Fadnavis red-faced
On Thursday, Chief Justice Manjula Chellur had transferred the matters to a special bench of Justice Anoop V Mohta and Justice G S Kulkarni. But apparently the state government did not inform the Chief Justice of an order passed by Justice Oka while hearing the matter earlier in the day leading her to pass such an order of transfer of cases. Later, the order of transfer of matters before a bench which did not include Justice Oka was withdrawn by the Chief Justice.
“The AG sought that this bench recuse itself from the hearing. However, when we passed an order refusing to do so, you failed to inform the Chief Justice of our order. As a result, the CJ was forced to pass the transfer order, and then later, she was compelled to withdraw it,” the bench said.
 

 
Aug 28 2017 : The Times of India (Mumbai)
 
`Govt's plea could have set precedent of forum shopping'
Mumbai
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Loud Criticism Of State Spurs CJ To Set Up Full Bench
Three days after Justice Abhay Oka was withdrawn from hearing a noise pollution case following the state government's allegation that he was “harbouring serious bias“ against it, the senior Bombay high court judge has been brought back to hear the key matter. Chief Justice Manjula Chellur has set up a full bench to be headed by Justice Oka.
“I spoke to the CJ who said alarger bench of Justices Oka, A V Mohta and Riyaz Chagla has been constituted to hear all the noise pollution matters,“ senior advocate Rajiv Chavan, president of Advocates Association of Western India (AAWI), told TOI. HC registrar-general Pushpa Ganediwala confirmed the move.
It is clear the U-turn was a result of the collective uproar by lawyers and citizens who also took to social media to condemn the state government's “unprecedented“ action.
Activist-advocate Raju Moray , who had represented one of the first noise pollution cases, said, “A full bench is usually constituted when there is a divergence in the views of two coordinate benches. The state did not move an application for referring to a larger bench but it moved for transfer of the cases from Justice Oka. The full bench appears to be an afterthought as a result of the outrage on social media and perhaps given that the bar associations were also going to meet.“ A larger bench headed by Justice Abhay Oka has been set up (by the Bombay HC chief justice) probably on being satisfied that a larger question of law is involved in the challenge to the Centre's recent amendment to the Noise Pollution Rules, former Bombay HC Justice B H Marlapalle said.
“Am happy at the solidarity shown by the bar and bench with Justice Oka and against the unfounded allegations which could have set a precedent for browbeating the court and for forum shopping,“ he added.
Rajiv Patil, senior advocate and former chief of the Advocates Association of Western India (AAWI), said, “The constitution of a three-judge bench now doesn't take away the serious allegations of bias made by the state against a judge for a transfer to another bench. Unless withdrawn, it will still be a cause for concern as it could open floodgates of private litigants making similar pleas because the state, which is meant to protect the interest of the entire society while respecting the judiciary , did it.“
In a notice sent to its members, the AAWI has claimed credit for the CJ setting up a full bench. AAWI is one of the two bar associations in the HC that had called for extraordinary general body meetings on Monday . Sources told TOI there was lobbying to ensure that no adverse resolutions are passed by these associations over last week's incident.
On August 24, the state accused Justice Oka of “serious bias“ and moved the CJ seeking transfer of the noise pollution matter and all connected cases to another bench. Then, Justice Oka was heading the division bench, with Justice Riyaz Chagla, that was cracking down on the state for trying to dilute noise pollution norms.Chief Justice Chellur promptly withdrew the case from him and passed an administrative order to place it before a bench of Justices Anoop Mohta and Girish Kulkarni.
AAWI's managing committee on Saturday passed a resolution condemning the government and urging the CJ to take “action leading to defibrillate the honour of Justice Oka“. On Sunday , it sent out a notice to its members say that pursuant to AAWI's stand, the CJ has constituted a larger bench.