Supreme Court Reveals Attempt by Retired High Court Chief Justice to Influence NCLAT Judge; Accountability Now Rests with New CJI Surya Kant
- REEDLAW
- 1 hour ago
- 3 min read
REEDLAW Legal News Network reports: In a pivotal disclosure that reignited concerns surrounding judicial integrity, the outgoing Chief Justice of India revealed that a retired High Court Chief Justice had attempted to influence a judicial member of the National Company Law Appellate Tribunal (NCLAT), Chennai, in connection with a corporate dispute. The revelation stemmed from a report submitted by the NCLAT member who had recused himself after publicly stating that a senior figure from the higher judiciary had approached him seeking a favourable order. The matter, which could not culminate in a formal in-house inquiry due to the judge’s retirement, has now been passed on to the incoming Chief Justice of India for appropriate administrative action.
The sensitive disclosure originally traced back to proceedings in August when an NCLAT judicial member startled the courtroom by revealing the attempted interference and immediately withdrawing from the case. Outgoing CJI B. R. Gavai stated that, upon receiving the member’s detailed report, he initiated preliminary consultations among senior judges before the appointment of Justice Surya Kant as the next Chief Justice. Since the implicated individual had already retired from constitutional office—placing him beyond the reach of the judiciary’s in-house mechanism—any further course of action, including the possibility of recommending registration of an FIR under the Prevention of Corruption Act, now lies within the administrative discretion of the new Chief Justice.
Although the retired judge cannot be subjected to the formal internal inquiry process, CJI Gavai clarified that he is not entirely beyond accountability. The new Chief Justice retains the discretion to recommend the registration of a case under the Prevention of Corruption Act, should the circumstances warrant such action.
The seriousness of the issue was underscored during a hearing on November 14 before a bench led by CJI-designate Justice Surya Kant and Justice Joymalya Bagchi. Responding to submissions by advocate Prashant Bhushan, the bench emphasised that any action against the judge who attempted to interfere must originate exclusively from the Chief Justice of India. They noted that judicial directions cannot compel the highest administrative authority within the judiciary, as doing so would contradict the constitutional framework governing oversight of higher court judges.
The bench further observed that the present legal architecture places responsibility for such matters on the administrative side of the judiciary, rather than the judicial side, particularly when questions of integrity and accountability involving constitutional judges arise.
This unprecedented incident has revived debate on whether existing accountability mechanisms sufficiently address misconduct by judges who retire before allegations are formally examined. The matter now rests with Chief Justice Surya Kant, whose decision is expected to influence future protocols for safeguarding judicial independence and preventing attempts to influence adjudication in sensitive commercial matters.
To access the full content related to this article — including the complete judgment, detailed legal analysis, ratio decidendi, headnotes, cited case laws, and updates on relevant statutes and notifications — we invite you to subscribe to REEDLAW’s premium research platform.
Click here to Subscribe and unlock exclusive access to structured legal analysis, judicial summaries, and a comprehensive legal research database.
REEDLAW Legal Intelligence & Research is India’s most trusted legal publishing and research platform, empowering professionals with structured judicial insights and authoritative legal intelligence since 1985.
The platform offers comprehensive resources spanning Corporate Insolvency, Bankruptcy, Company Law, SARFAESI, Debt Recovery, Contract, MSMEs, Arbitration, Banking, and Commercial Laws. Through curated journals like IBC Reporter and Bank CLR, and an advanced Online Legal Research Database, REEDLAW simplifies complex legal research for professionals, institutions, and academia across India.
Comments