In a rare courtroom appearance on Wednesday, Vijai Pratap Singh, a former technical member of the National Company Law Appellate Tribunal (NCLAT), personally presented his writ petition to the Supreme Court. The petition challenges a rule barring former tribunal members from practicing before the NCLAT. The matter was heard by a bench comprising Chief Justice Surya Kant, along with Justices Joymalya Bagchi and Vipul Pancholi.
Singh, who served from October 2019 until his retirement in February 2022, argued that the blanket restriction on appearing before the tribunal was excessive. He proposed that implementing a cooling-off period would be a more balanced approach. “But why this restriction? There can be a cooling-off period,” Singh submitted to the court.
Justice Joymalya Bagchi, however, expressed skepticism. Highlighting the principle of judicial independence, Justice Bagchi remarked that the NCLAT holds a prestigious place within the appellate hierarchy. He cautioned that allowing a former member to appear before colleagues they had previously worked with could negatively influence the perception of fairness among ordinary litigants. “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?” Justice Bagchi observed.
The Bench further compared this restriction to the conventional prohibition on retired High Court judges practicing before the courts where they served. It noted that while these judges may practice before other High Courts and the Supreme Court, they are barred from appearing in their former courts to maintain institutional independence and public trust. “The rationale is identical: institutional independence and the integrity of perception cannot be subordinated to individual professional convenience,” the Bench explained.
Justice Bagchi extended an invitation to Singh to argue cases before the Supreme Court instead, saying, “We will welcome you to argue before the Supreme Court.” Following this, Singh decided to withdraw his petition.
Vijai Pratap Singh, a 1977-batch officer of the Uttar Pradesh Judicial Service, has an extensive judicial career. Before being appointed as a Judicial Member of the National Company Law Tribunal (NCLT), he served at various levels within the state judiciary, including at the Kolkata, Allahabad, and Mumbai benches. He ascended to the role of technical member of the NCLAT in October 2019.
