Akanksha Singh –
Published on: September 16, 2021, at 14:51 IST
Deeply troubled by the manner in which Justice Ashok Iqbal Singh Cheema was sacked by the Central Government as the Acting Chairman of the National Company Law Appellate Tribunal (NCLAT), the Supreme Court on Wednesday orally said that it will Suo Moto Stay the Tribunal Reforms Act 2021.
The Petition was filed by Justice Ashok Iqbal Singh Cheema against his premature retirement as an Acting Chairperson of NCLAT on 10th September by Centre, whereas he was due to be retired on 20th September as per his initial appointment order.
The matter was adjudicated by CJI NV Ramana, Justice Surya Kant, and Justice Hima Kohli.
The Retired High Court Judge, who was a judicial member of the NCLAT, and was serving as the Chairman due to delays in the appointment of the formal chairman, was due to retire on September 20 when he reached the age of 67.
Iqbal Singh moved the Supreme Court on the ground that such an Arbitrary Order by the Government to curtail their tenure violates the Supreme Court’s decision on the Independence of the Judiciary and the conditions for Appointment of Members to the Tribunal.
In furtherance of the above discussion, the CJI said to Attorney General of India, KK Venugopal ,“Justice Cheema might need to exercise the powers of Acting Chairperson, as he has reserved judgments in 5 cases”
However Attorney General of India KK Venugopal submitted to the Bench today, “The government is ready to treat the period from 10.09.2021 to 20.09.2021 as national service in the case of Justice Cheema.”
Further, the Attorney General (AG) also said that the Government has the Authority to issue orders as the recently passed Tribunal Reforms Act 2021 has fixed the term of the members as four years.
After hearing the above arguments, CJI told the Attorney General “Then we will have to Suo Motu stay Tribunal Reforms Act 2021. “
Thereafter, the further hearing in the matter is going to be held today before a bench headed by the CJI.
Also Read: Supreme Court Criticizes Centre on Tribunals Reforms Act, 2021
What is the Tribunals Reforms Bill, 2021?