Supreme Court Declines Ex-NCLAT Member's Plea Challenging Post-Retirement Practice Restriction Before NCLT, NCLAT
The Supreme Court on Wednesday declined to entertain a writ petition filed by former National Company Law Appellate Tribunal (NCLAT) Technical Member Vijai Pratap Singh challenging the statutory restriction prohibiting former tribunal members from appearing before the National Company Law Tribunal (NCLT) and NCLAT after retirement.
Appearing in person, Singh argued that an absolute prohibition was excessive and suggested that a cooling-off period could instead be introduced.
A Bench comprising Chief Justice of India Surya Kant, Justices Joymalya Bagchi and Vipul M. Pancholi however, indicated that the restriction was intended to uphold the independence and credibility of the adjudicatory system.
“You cannot practice either before the NCLT or NCLAT. It is not a prohibition; it is a regulation made keeping in mind the high office you occupied and the dignity of your office. Very reasonable restriction on your right to practice,” Justice Bagchi observed.
The Court further noted that the concern was not about the right to practise law generally, but about maintaining public confidence in specialised tribunals where former members may appear before their previous colleagues.
“You were a member of a tribunal having jurisdiction throughout India...think of the independence, fairness of the judiciary. Think about the perception of an ordinary litigant. Imagine you start appearing before a former colleague of yours. What will be the perception of an ordinary litigant?” Justice Bagchi observed.
After the Court expressed its disinclination to interfere, Singh withdrew the petition.