Justice Oka defends criticism of Delhi Metro arbitration judgment

Former Supreme Court judge Abhay Oka has defended Justice Ujjal Bhuyan’s public criticism of a 2024 Supreme Court judgment involving the Delhi Metro Rail Corporation Ltd. Justice Bhuyan previously argued that the ruling had caused extensive damage to arbitration in India and hindered efforts to establish the nation as a global arbitration hub.

Justice Oka stated that judges have a duty to express what they deem constitutionally and legally correct, asserting that it is not the responsibility of the judiciary to secure foreign investment. This defense comes following criticisms from other legal figures, including Chief Justice of India Surya Kant and former Supreme Court judge Indu Malhotra, who suggested that such judicial criticism could be viewed as indiscretion and potentially used by foreign treaty investors against India.