Following a widely circulated video showing a heated exchange between a judicial and a technical member of the NCLT in Chandigarh, the Tribunal’s President has relocated all cases from that bench to a different one. The development was notified by the Registrar of the Tribunal through an order passed on February 3.
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Chandigarh: The President of the National Company Law Tribunal (NCLT) has made the unprecedented decision to withdraw all cases from the Chandigarh Bench’s Court-2. This decision comes in the wake of a viral video showcasing a heated exchange between the bench’s judicial and technical members, sparking widespread discussion and concern about the internal dynamics and operational challenges within the Tribunal.
The Registrar of the Tribunal officially announced this development through an order passed on February 3, indicating a significant shift in how pending cases will be managed. According to the order, all ongoing proceedings at the bench have been transferred to another bench within the Tribunal. Despite this shift, the bench has been directed to expedite the pronouncement of orders in matters where decisions have been reserved, emphasizing the need for timely justice and resolution of cases.
The viral incident at the heart of this decision involved a stern confrontation between Prasad, a former legal adviser to the Reserve Bank of India (RBI), and Shukla, with Prasad asserting his control over the court’s proceedings. He advised Shukla to “mend his behavior,” highlighting a tension that sources claim is not an isolated event. This clash between the judicial and technical members has reportedly been a recurring theme, with previous disagreements surfacing in open court.
The friction between the members sheds light on broader issues within the NCLT’s Chandigarh Bench, particularly the challenges faced by individuals with non-judicial backgrounds in adapting to the judicial environment. A senior lawyer from Chandigarh pointed out the necessity for a nuanced approach while serving on the bench, emphasizing the importance of caution and subtlety in questioning. This advice underscores the unique challenges that come with the judicial application of technical and legal expertise.
Further complicating the situation are the practical difficulties encountered by the NCLT’s Chandigarh Bench, notably the limitation of having only one functional courtroom despite the existence of two courts. This logistical constraint has led to Court-1 conducting sessions in the morning, while Court-2 only commences at 2 PM, creating time constraints and pressure for swift proceedings. This operational bottleneck highlights the need for infrastructural improvements to facilitate the efficient handling of cases and ensure the smooth functioning of the Tribunal.
The withdrawal of cases from Court-2 of the Chandigarh Bench by the NCLT President marks a critical juncture, reflecting the Tribunal’s commitment to addressing internal challenges and ensuring the integrity of its proceedings. As the legal community and the public closely watch these developments, the focus remains on the NCLT’s ability to adapt and overcome the hurdles it faces, ensuring justice is delivered effectively and efficiently.
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