जस्टिस ओका ने दिया समर्थन: जस्टिस उज्जल भुयन की दिल्ली मेट्रो पंचाट निर्णय की आलोचना

Justice Oka Defends Justice Ujjal Bhuyan's Criticism Of Delhi Metro Arbitration Judgment

Judges have the duty to say what is constitutionally and legally correct, Justice Oka said,

Former Supreme Court judge Justice Abhay Oka today defended Supreme Court Justice Ujjal Bhuyan's public criticism of the Supreme Court's 2024 Delhi Metro judgment, saying judges have a duty to state what they consider constitutionally and legally correct and are not responsible for securing foreign investment in India.

Justice Bhuyan had criticised the April 10, 2024 judgment in Delhi Metro Rail Corporation Ltd. v. Delhi Airport Metro Express Pvt. Ltd. while speaking at a lecture on “Arbitration in India: Reform, Relevance & the Road Ahead”. He had said that the judgment had caused extensive damage to arbitration in India and undermined efforts to establish the country as a global arbitration hub.

Speaking at the “Discourse on Ethics in Criminal Litigation, Trial by Media & Admissibility of Statements”, Justice Oka said that instead of addressing the reasons given by Justice Bhuyan for criticising the judgment, he was criticised by someone who described the criticism as “irresponsible”.

More surprisingly, Justice Oka noted, it was suggested that criticism of the judgment by a sitting Supreme Court judge could adversely affect foreign investment in India.

“I personally feel that it is not the job of judges to secure foreign investment to our country. Our duty is to say and to do what we feel is constitutionally and legally correct,” Justice Oka said.

In July, Chief Justice of India Surya Kant made a veiled response to the criticism made by Justice Bhuyan that the 2024 judgment in the 'Delhi Metro' case had caused immense damage to arbitration in India.

Former Supreme Court judge Justice Indu Malhotra also criticized Justice Bhuyan for his adverse comments. She said that his criticism of the judgment was an act of indiscretion which could be used by foreign treaty investors against India in arbitration. She further said that a member of the Court should not make strong adverse comments against a judgment of the Supreme Court.

The 2024 judgment allowed a curative petition filed by the Delhi Metro Rail Corporation and set aside a nearly ₹2,800-crore arbitral award in favour of Delhi Airport Metro Express Pvt. Ltd. The Court held that the award suffered from patent illegality and its earlier restoration by the Supreme Court had resulted in a grave miscarriage of justice.

Justice Bhuyan had described the exercise of curative jurisdiction in the case as an “unprecedented move”. He pointed out that the arbitral award had already survived challenges under Sections 34 and 37 of the Arbitration and Conciliation Act, proceedings under Article 136 of the Constitution and a review petition before it was set aside in the curative proceedings.

He had also highlighted that the judgment triggered policy decisions by the Union Government discouraging arbitration and raised questions about judicial intervention in arbitral awards.

Today, Justice Oka described Justice Bhuyan as one of the few members of the legal fraternity willing to take a strong stand on issues.

“I really appreciate that in all public speeches, Justice Bhuyan is taking a very bold stand. His speeches are very strong. His speeches convey message. Today, we live in an era when the members of the legal fraternity hesitate to take stand on issues and there are very few exceptions. One of them is Justice Bhuyan,” he said.

The event was organised by the Centre for Discourse on Criminal and Constitutional Jurisprudence in New Delhi.

The video of the event can be watched here.

Also from the event -Extra-Judicial Killings Are On Rise; Constitution Doesn't Approve Such Short-Cut Methods: Justice Ujjal Bhuyan

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