Recently, the National Green Tribunal (NGT) reserved its decision on a plea seeking the transfer of a case from the bench led by Justice Sudhir Agarwal. The plea raised concerns about potential bias and procedural delays associated with Justice Agarwal’s handling of the matter.
A coram consisting of Justice Sudhir Agarwal and Dr Afroz Ahmand deliberated on the request to move the case to a different NGT bench, excluding Justice Agarwal. The final order is expected to be pronounced on September 20.
The plea was filed by advocate Gaurav Kumar Bansal, focusing on water pollution issues in Ludhiana. Bansal’s concerns centre on the appointment of advocate Gaurav Agarwal, who is Justice Sudhir Agarwal’s son, as amicus curiae in several NGT cases. Bansal argued that Gaurav Agarwal lacks significant experience in environmental law and questioned why Justice Agarwal did not recuse himself from cases involving his son.
Additionally, the plea highlighted concerns about delays in proceedings, citing Justice Agarwal’s habitual late arrivals to hearings, which reportedly disrupts the Tribunal’s operations. No corrective actions have been taken despite complaints lodged with Chairperson Justice Prakash Shrivastava.
The applicant has requested that the NGT transfer the case to a bench that does not include Justice Sudhir Agarwal to preserve public confidence in the judicial process’s impartiality.