Honour “defibrillated”: Bombay HC CJ Chellur lists noise pollution matters before bench headed by Oka J

The Bombay Bar’s efforts at restoring the dignity of Justice AS Oka have borne fruit, with Chief Justice Manjula Chellur listing the noise pollution matters before a Bench headed by the judge, who was recently accused of having a “serious bias” by the state government..The state government has also agreed to unconditionally withdraw its allegations against the judge. In a letter placed before the Bench, it was stated,.“The contention (judge being biased) was not raised as an allegation against the Hon’ble Judge personally but was limited specifically to the subject matter involved in the group matters.”.Advocate General for Maharashtra AS Kumbhakoni submitted that the state only requested the Chief Justice to consolidate all noise pollution matters, and to place them before a Bench of which Justice Oka is not a member..The Bench of Justices Oka and Chagla made it clear that the state would have to issue an apology in the form of an affidavit before the Court..As reported earlier, during the hearing in a matter related to noise pollution, Kumbhakoni had placed on record a letter drafted on the instructions of Vijay Patil, Deputy Secretary of the Home Department. It was alleged in the letter that Justice Oka had been “harbouring a serious bias” against the state machinery..The Bench headed by Justice Oka would express its shock at the allegations, and refuse to recuse from hearing the matter..Members of the Bar would then stand up for Justice Oka, terming the state government’s intemperate letter as being politically motivated. It was recorded in the order dated August 24,.“The learned counsel Shri Saraf also contended that this attempt is made to make the whole issue academic with a view to ensure that there is a lot of noise pollution in coming Ganpati festival. He also stated that this application is politically motivated.”.Later, it was announced by Bombay Bar Association Secretary Birendra Saraf that a meeting would be convened to discuss the incident. The Advocates Association of Western India (AAWI) would also stand in solidarity with Justice Oka, condemning the “irresponsible, unethical, capricious” stand taken by the state government. The Managing Committee of the Association would then ask Chief Justice Chellur to take appropriate action to “defibrillate the honour of Justice Oka”..And it now seems that Chellur J has relented to requests of the Bar. The noise pollution matters will be heard by a Bench headed by Justice Oka, along with Justices Anoop Mohta and Riyaz Chagla..Read the notice: