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Justice Abhay Shreeniwas Oka's retirement marks the end of an era, a period defined by unwavering commitment to fundamental rights and a profound understanding of the nuances of justice. He consistently championed free speech, liberty, and equality, and his judgments stand as testaments to his dedication. From striking down amendments to animal prevention laws to challenging the stringent application of special statutes like the UAPA and PMLA, Justice Oka consistently prioritized individual liberties and due process. His influence extends beyond specific cases; he actively promoted pro bono litigation and pushed young lawyers to contribute to the cause of justice, leaving an indelible mark on the legal landscape. Justice Oka's approach to bail, particularly in cases involving the UAPA and PMLA, represents a significant shift in jurisprudence. He firmly believed that bail should be the rule and jail the exception, even in cases involving serious allegations. This perspective is evident in Jalaluddin Khan vs Union of India (2024), where he emphasized the importance of upholding individual liberties, even when dealing with accusations under the UAPA. Similarly, in February 2025, he criticized the Enforcement Directorate (ED) for using the PMLA to keep Arun Kumar Tripathi in custody, stating that the law should not be used to ensure prolonged detention. His willingness to challenge established norms and prioritize individual rights is a hallmark of his judicial philosophy. Furthermore, Justice Oka consistently challenged arbitrary and illegal demolitions, recognizing the fundamental right to shelter and due process. In Zulfiquar Haider’s case (April 2025), he condemned the Prayagraj Development Authority's actions, awarding significant compensation to the victims of the demolition. This case highlights his commitment to protecting the vulnerable and holding state authorities accountable for their actions. His jurisprudence reflects a deep understanding of the social and economic realities faced by marginalized communities, and he consistently sought to ensure that the law served as a shield against oppression. The case involving the Muslim boy assaulted in Muzaffarnagar in 2023 demonstrates Justice Oka's commitment to upholding constitutional values and protecting the rights of vulnerable communities. By reaffirming the Uttar Pradesh government's responsibility to bear the educational expenses of the child, he emphasized the state's obligation to provide equal opportunities for all citizens, regardless of their religion or social background. His proactive approach to addressing systemic injustices reflects a deep understanding of the role of the judiciary in promoting social justice and equality. Justice Oka's defense of free speech is another defining aspect of his judicial career. In Sowmya R Reddy’s case (2020), as Chief Justice of the Karnataka High Court, he declared the imposition of Section 144 during the anti-CAA protests as illegal and violative of fundamental rights. Similarly, in Javed Ahmad’s case (2024), he quashed criminal charges against a professor for criticizing the abrogation of Article 370 on WhatsApp, emphasizing that criticism and protest are essential components of a functioning democracy. These cases demonstrate his unwavering commitment to protecting the right to dissent and ensuring that the government does not stifle freedom of expression. His judgments serve as a reminder that democracy thrives on open dialogue and the free exchange of ideas. In contrast to the Ali Khan Mahmudabad case (May 2025), where the bench emphasized caution in expressing opinions, Justice Oka, in Abdul Sathar’s case (May 2025), granted bail to a Popular Front of India secretary, asserting that individuals should not be imprisoned for their ideologies. This underscores his commitment to protecting the freedom of thought and expression, even when dealing with controversial or unpopular viewpoints. His willingness to defend these principles, even in the face of public scrutiny, demonstrates his courage and integrity as a judge. Justice Oka's legacy extends beyond his specific judgments. He actively encouraged young lawyers to take up pro bono cases, recognizing the importance of providing legal representation to those who cannot afford it. He understood that access to justice is essential for ensuring equality and fairness, and he dedicated his career to making the legal system more accessible to all. His commitment to promoting pro bono work reflects his belief that lawyers have a responsibility to use their skills and knowledge to serve the public good. His efforts to reconstruct bail jurisprudence, particularly in cases involving special statutes like the UAPA and the PMLA, represent a significant contribution to the development of legal principles. He consistently challenged the use of these laws to detain individuals for prolonged periods, emphasizing the importance of upholding individual liberties and due process. His judgments have helped to clarify the legal standards for granting bail in these cases, ensuring that the rights of the accused are protected. Justice Oka's influence will continue to shape future generations of lawyers and judges. His commitment to compassion, integrity, and tireless service serves as an inspiration for all those who seek to uphold the principles of justice and equality. His legacy will endure as a beacon of hope for those who are marginalized and oppressed, and his judgments will continue to guide the interpretation and application of the law. His departure from the bench is a loss for the legal community, but his impact will continue to be felt for years to come. His life was a testament to his dedication, even returning to the bench on his final day after the tragic loss of his mother, delivering 11 judgments showcasing his unwavering resolve.
To delve deeper into Justice Oka's landmark rulings, it is imperative to dissect the Sheikh Zahid Mukhtar case (2016). In this instance, Justice Oka demonstrated an acute prescience by striking down amendments to the Maharashtra Animal Prevention Act, 1976. The legal fulcrum of the judgment revolved around Section 5D, which criminalized the mere possession of flesh from bovine animals slaughtered outside Maharashtra. Justice Oka astutely recognized that this provision infringed upon the fundamental right to privacy, a right that had not yet been formally enshrined in Indian jurisprudence through the landmark K S Puttaswamy’s case (2017). This ruling showcases his ability to anticipate evolving legal paradigms and proactively safeguard individual liberties even before they were explicitly recognized by the Supreme Court. His forward-thinking approach distinguished him as a jurist ahead of his time, capable of shaping legal discourse and setting precedents for future judicial interpretations. The implications of this judgment extended beyond animal rights and touched upon broader issues of individual autonomy and state intrusion into personal lives. It underscored the importance of protecting personal choices and preventing the government from overreaching its authority in regulating private conduct. By emphasizing the right to privacy, Justice Oka laid the groundwork for future legal challenges to laws and policies that infringe upon individual autonomy. Moreover, his willingness to challenge established legal norms and prioritize individual rights in this case demonstrates his commitment to upholding constitutional values and ensuring that the law serves as a shield against government overreach. The impact of this ruling is still felt today, as it continues to inform legal debates about privacy rights and the limits of government power. Furthermore, Justice Oka's unwavering defense of free speech is exemplified in Javed Ahmad’s case (2024). The circumstances involved a professor charged under Section 153A for a WhatsApp status critical of the abrogation of Article 370. Justice Oka's response was unequivocal: he quashed the criminal case, delivering a powerful statement on the importance of dissent in a democracy. He explicitly observed that if every instance of criticism or protest against the state were deemed an offense under Section 153A, democracy itself would be imperiled. This case underscores his profound understanding of the symbiotic relationship between free speech and a functioning democracy. It highlights his belief that the right to express dissenting opinions, even if unpopular or controversial, is essential for holding the government accountable and fostering informed public discourse. His judgment serves as a crucial safeguard against the chilling effect that can result from overly broad interpretations of sedition laws and other restrictions on free speech. By protecting the right to criticize the government, Justice Oka ensured that the marketplace of ideas remains open and vibrant, allowing for the free exchange of diverse perspectives and the pursuit of truth. His actions in this case demonstrate his unwavering commitment to upholding constitutional values and protecting the fundamental rights of all citizens. Another significant aspect of Justice Oka's judicial philosophy is his unwavering commitment to protecting the right to shelter and ensuring due process, as vividly demonstrated in Zulfiquar Haider's case (April 2025). His strong condemnation of the Prayagraj Development Authority's “illegal and arbitrary” demolition of houses belonging to six individuals reflects his deep understanding of the social and economic realities faced by marginalized communities. By directing the authorities to compensate each aggrieved individual with Rs 10 lakh, he not only provided tangible relief to the victims but also sent a clear message that state authorities cannot act with impunity and must respect the fundamental rights of all citizens. His observation that “There is something called the right to shelter and due process” underscores his belief that the government has a responsibility to protect the basic needs of its citizens and to ensure that they are treated fairly under the law. This case highlights his commitment to using the law as a tool for social justice and to ensuring that the voices of the vulnerable are heard and their rights are protected. His actions in this case serve as a powerful reminder of the importance of upholding the rule of law and holding government authorities accountable for their actions. His efforts to protect the right to shelter and ensure due process demonstrate his unwavering commitment to ensuring that all citizens, regardless of their social or economic background, have access to justice and the protection of their fundamental rights.
To fully grasp the scope of Justice Oka's influence, it is crucial to examine his nuanced approach to bail jurisprudence, particularly in cases involving special statutes such as the UAPA and the PMLA. His consistent emphasis on the principle that “bail is the rule and jail is the exception” represents a significant departure from the prevailing trend of prolonged pre-trial detention in such cases. In Jalaluddin Khan vs Union of India (2024), his articulation of this principle provided a crucial safeguard against the misuse of the UAPA to detain individuals without due process. His insistence on the need to carefully consider the individual circumstances of each case and to avoid blanket denials of bail demonstrates his commitment to protecting individual liberties and ensuring that the presumption of innocence is upheld. Similarly, his criticism of the Enforcement Directorate (ED) in February 2025 for keeping Arun Kumar Tripathi in custody under the PMLA underscores his concern that these laws are being used to circumvent constitutional protections and to punish individuals without a fair trial. His statement that “Concept of PMLA cannot be to ensure that a person should remain in jail” is a powerful rebuke of the tendency to use these laws to detain individuals indefinitely, regardless of the merits of the case. His willingness to challenge the actions of powerful government agencies and to prioritize the rights of the accused demonstrates his unwavering commitment to upholding the rule of law and ensuring that the legal system is not used to oppress or silence dissent. The impact of his approach to bail jurisprudence extends beyond individual cases. By consistently applying the principle that bail should be the rule, he has helped to shift the legal landscape and to create a more favorable environment for the protection of individual liberties. His efforts have inspired other judges and lawyers to adopt a more rights-based approach to bail, ensuring that the presumption of innocence is given greater weight and that individuals are not subjected to prolonged pre-trial detention without a fair trial. His legacy in this area will continue to shape the development of legal principles and to promote a more just and equitable legal system. Justice Oka's proactive approach to promoting litigation and encouraging young lawyers to take up pro bono cases further solidified his reputation as a champion of justice. His recognition of the importance of providing legal representation to those who cannot afford it underscores his belief that access to justice is a fundamental right, not a privilege. By actively encouraging young lawyers to contribute to the cause of justice, he helped to create a more vibrant and engaged legal community, one that is committed to serving the public good and ensuring that all citizens have equal access to the legal system. His efforts to mentor and inspire the next generation of lawyers will have a lasting impact on the legal profession, ensuring that the principles of justice and equality continue to be upheld for years to come. Justice Oka's legacy is one of unwavering commitment to fundamental rights, a profound understanding of the nuances of justice, and a tireless dedication to serving the public good. His judgments will continue to be studied and debated for years to come, and his influence will continue to shape the development of legal principles and to promote a more just and equitable legal system. He will be remembered not only for his legal expertise but also for his compassion, integrity, and unwavering commitment to upholding the rule of law. His departure from the bench is a loss for the legal community, but his impact will continue to be felt for generations to come.
Source: Justice Oka: The people’s judge, a champion of liberty