SC refuses ex-NCLAT member’s plea to practise before tribunal
The Supreme Court on Wednesday refused to entertain a plea filed by a former National Company Law Appellate Tribunal (NCLAT) technical member challenging a regulation that prohibits former tribunal members from practising before the National Company Law Tribunal and the NCLAT.
A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi told petitioner Vijai Pratap Singh that the issue pertains to “independence of judiciary” and the prayer cannot be allowed.
“You have to think about the independence of the judiciary. You have been a member of the tribunal. It is a super special tribunal. Imagine you appear before another member who was working when you were there.
What perception would it create in the mind of an ordinary litigant?” the bench observed.
Retired judicial and technical members are prohibited from appearing, acting, or pleading as an advocate or consultant before the NCLT and NCLAT.
Singh told the court that there should be a cooling-off period instead of a complete prohibition. As the apex court expressed disinclination to entertain the plea, Singh withdrew the petition and the matter was dismissed as withdrawn.
