Bombay high court judge who read down beef ban to go as Karnataka CJ

MUMBAI: Mumbai’s loss is Karnataka’s gain. The Supreme Court collegium on Monday recommended the appointment of Justice Abhay Oka, the senior-most Bombay high court judge, as chief justice of Karnataka high court.

“Having regard to all relevant factors, the collegium finds Justice Oka suitable in all respects for being appointed as chief justice of the Karnataka high court,” said the collegium, comprising Chief Justice of India Ranjan Gogoi, Justices Sharad Bobde and N V Ramana. Karnataka high court Chief Justice Dinesh Maheshwari was elevated to the Supreme Court in January.

Justice Oka is known for judgments in high profile cases, including Maharashtra’s beef ban law, and is considered among lawyers and litigants as one of the most public-spirited judges in Bombay high court. He is credited with landmark judgments on noise pollution, illegal hoardings, potholes, unauthorized buildings and environment.

In August 2016, a bench headed by Justice Oka had ordered a crackdown on noise pollution and illegal pandals on public roads in Mumbai. A year later, with the bench castigating the state for trying to dilute silence zone norms, the government asked the then Chief Justice Manjula Chellur to transfer the noise pollution matters alleging that one of the judges was “harbouring a serious bias” against it. Chief Justice Chellur withdrew the case from him and passed an administrative order to place it before another bench. This unprecedented incident led to condemnation from citizens, lawyers and Bombay Bar Association, all of whom rallied to support Justice Oka. The state tendered an unconditional apology and withdrew its allegations.

While the judge helmed a bench that upheld the law banning slaughter of bulls, bullocks and cows, he quashed provisions that criminalized possession of beef brought from outside the state.

He had thrice struck down Maharashtra’s amnesty scheme for illegal constructions before December 2015, saying authorities should show “zero tolerance”. He also ruled that citizens have a fundamental right to “good pothole- free roads and pathways”. In 2018, a bench headed by him confirmed a 2005 order that banned construction and dumping of garbage and debris on mangroves. Last week, he ruled Maharashtra can’t force project-affected persons to live in polluted Mahul.