NGT bins plea challenging judge’s son as amicus curiae in water pollution case
6 months ago

NGT bins plea challenging judge’s son as amicus curiae in water pollution case

New Indian Express  

NEW DELHI: The National Green Tribunal has dismissed a plea seeking the transfer of a water pollution case from a bench headed by Justice Sudhir Agarwal. The petition raised concerns of “political bias” as Justice Agarwal’s son, advocate Gaurav Agarwal, has been appointed as the amicus curiae in several NGT cases, despite “not practising regularly before the tribunal.” A bench comprising Justice Sudhir Agarwal and Dr. Afroz Ahmad rejected the plea filed by advocate Gaurav Kumar Bansal, calling the accusations of “bias” and an attempt at “forum shopping” and “bench hunting.” The tribunal emphasised that mere allegations or complaints, without credible evidence, could not justify a judge’s recusal. The plea argued that the appointment was “inappropriate”, given Agarwal’s “limited experience” in environmental law, and questioned why Justice Agarwal did not recuse himself from these cases. In addition, the plea highlighted “procedural delays”, alleging that Justice Agarwal often began hearings well “after the scheduled time” of 10:30 am.

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