Judges being targeted for passing strong orders on environment: Justice Abhay Oka

Justice Oka added, “In fact, with some sense of responsibility. I’ll say this, that even the judges who have passed strong orders on environmental matters are being targeted. There are examples of that (sic).”

He lamented that only a few citizens showed “enthusiasm and courage” to take up environmental issues before the court due to lack of support from the society and those who took up such issues to the court were labelled “anti-development”.

“There are very few citizens who show enthusiasm and more importantly, muster courage to take up environmental issues by approaching the court. Unfortunately, the reason is that they don’t receive active support of the society at large. In fact, our experience has been that those who take up environmental issues to the court are branded as anti development and somebody who wants to obstruct their developmental activities,” he said.

Without commenting on Supreme Court’s recent relaxation on firecrackers, the former top court judge also said that bursting firecrackers was not confined to a particular religion but prevalent among people from all sections of the society.

“Can anyone say that bursting of firecrackers is an essential part of any religion which is protected?” he asked.

Justice Oka also shared his experience after landing in Delhi today.

“Today I landed in Delhi from Mumbai. I could see the cloud of pollution over Delhi from the top I could see and I must tell you. That such kind of pollution is not monopoly of Delhi. Bombay is not far behind, but Bombay had advantage of sea breeze, which protects the city. There are other cities which may compete with Delhi in pollution,” he said.

Justice Oka also said that courts should not be influenced by popular or religious sentiments while dealing with environmental matters. He emphasised that popular or religious sentiments do not have any place in environmental justice unless there is some practice of religion, which is protected by Article 25 of the constitution.

“When the courts deal with environmental matters, they should not be influenced by popular or religious sentiments. In environmental justice, which is based on fundamental rights and fundamental duties, I don’t think there is any place for popular or religious sentiments unless there is some practice of religion, which is protected by Article 25. At least the judges should not get influenced by popular or religious sentiments if they want to truly uphold the fundamental rights and fundamental duties,” Justice Oka said.

He underlined the need for judges to become role models for citizens and do their fundamental duty of protecting the environment.

“Judges are also citizens of India. If the framers of the Constitution expect all citizens to perform their fundamental duty, it is all the more necessary for the judges, who are supposed to become role models, to do their fundamental duty of protecting the environment, protecting the living beings, protecting the plants, protecting our seas and lakes. If judges don’t perform their fundamental duty, who else will do it?” Justice Oka asked.