Mumbai: Following protests from the legal fraternity over petitions regarding silence zones in the State being transferred to another Bench based on the State government’s allegations of bias against the judge hearing them, Bombay High Court Chief Justice Manjula Chellur on Sunday recalled the order and constituted a larger Bench comprising Justices A.S. Oka, A.V. Mohta and Riaz Chagla.
Earlier, while hearing two PILs, a Bench comprising Justices Oka and Chagla had told the State government that it could not accept Mumbai not having silence zones. The court’s observation came after the government said there were no silence zones in the State. It also meant Mumbai stood to lose 1,537 silence zones in the vicinity of schools, colleges, hospitals, courts and places of worship. In an amendment to the Noise Pollution (Regulation and Control) Rules, 2000, by the Central government, States were required to notify silence zones on or before August 10, which the State government had failed to do.
On August 24, the State government alleged through Advocate General Ashutosh Kumbhakoni, a former Bombay HC Judge, that Justice Oka was biased. The latter refused to recuse himself from hearing the case, prompting Chief Justice Chellur to intervene and transfer the matter to another Bench. This led to advocate associations and former Advocate Generals condemning the State government for making such allegations.
V.A. Thorat, a former Advocate General, said he is yet to see a case in which the State government has made such an application in his 40-year practice. “Seeking to transfer the case after substantial hearing, especially when the matter was at a very advanced stage, makes it more condemnable. I would not have filed such an application. The present AG seems to be helpless, and that cannot happen. The AG is not a government pleader. It is a constitutional post and he cannot succumb to such pressure.” In the past, he said, AGs have been instrumental in getting notifications withdrawn and amendments cancelled.
Expressing solidarity with Justice Oka, the Bombay Bar Association has called for an extraordinary general meeting on August 28. In a statement, the Advocates Association of Western India said, “An emergency meeting was held on Saturday to strongly condemn the Government of Maharashtra’s tactic in alleging bias against Justice A.S.Oka. The State government should have shown restraint and should not have stooped to allege bias against a judge who has dedicated himself to the cause of justice.” The Advocates Society for Minorities also passed a resolution condemning the government move.
Former AG Sunil Manohar said, “It’s very unfortunate. I see it as a huge event. We must think of it at a much broader level and look into the whole system. Such an allegation is very shocking.” Shreehari Aney, also a former AG, added, “These things don’t happen on a regular basis. This is a very, very unusual. It is one of the rarest of rare cases.” Darius Khambata, former AG, said, “These allegations are completely baseless, Justice Oka is not affected by the identity of the litigant or lawyer before him. I hope better sense prevails and the State withdraws the allegations.”
