CJI to deal with claim that senior HC judge approached NCLAT member for favourable order

New Delhi, Nov 14 (PTI) The sensational claim that a senior high court judge approached a judicial member of NCLAT, Chennai for an order favouring a company came under the scanner of the Supreme Court on Friday which said that the matter will be dealt with by the Chief Justice of India on the administrative side.

Advocate Prashant Bhushan claimed before the top court that according to his information, "the message came from the Chief Justice of a high court" to the judicial member of the company's appellate tribunal.

Taking note of the sensational claim, a bench comprising Chief Justice of India-designate Surya Kant and Justice Joymalya Bagchi transferred the case, in which the said judicial member has recused itself from hearing, from the National Company Law Appellate Tribunal (NCLAT) bench at Chennai to the NCLAT, principal bench at New Delhi.

"The larger issue raised in the matter is of vital importance and will be dealt with by the Chief Justice of India on the administrative side," the bench told Bhushan, appearing for a private firm AS Metcorp Private Ltd, in whose matter the judicial member of the NCLAT, Chennai recused himself.

It requested the NCLAT Chairperson Justice Ashok Bhushan to hear the matter in a bench headed by him and adjudicate the dispute at the earliest.

The top court also directed the interim resolution professional (IRP) appointed by the National Company Law Tribunal at Hyderabad to proceed in the insolvency dispute.

According to the bench, the said judicial member has recorded the incident in his order before recusing himself from hearing the matter, is enough for looking at the issue on the administrative side.

"Consequently, we direct that the company appeal pending before NCLAT, Chennai be transferred alongwith all records to the Principal bench, NCLAT at New Delhi in the peculiar facts of the case. We request the President, NCLAT to list the company appeal before his bench and decide the same after notice to the contesting party at the earliest," the top court ordered.

It further said that there can be no qualm that all other issues are of vital public importance and the competent authority must have examined the available material and taken necessary steps as may be required.

"In any case, all these issues can be effectively dealt with by the Chief Justice of India on the administrative side. We thus deem it appropriate to keep this writ petition as a representation bringing on record information for consideration by CJI. Let the law take its own course," the top court said.

Bhushan said that based on the material, it is evident that it is an offence under the Prevention of Corruption Act (PCA) and an appropriate course would be to lodge the case against the senior judicial officer who approached him.

He submitted that according to his information, "the message came from the Chief Justice of a High Court".

Bhushan further said the judicial member of the NCLAT has kept the screenshot of the WhatsApp message and shown it to the party in the insolvency dispute, saying he was approached by one of the most revered members of the higher judiciary seeking an order favouring a particular party.

The bench said it would not like to comment any further as it has ordered the matter to be placed before the Chief Justice of India, who will look into the issue on the administrative side.

The petition, filed by AS Met Corp Private Ltd, arises from proceedings before the NCLAT Chennai relating to the insolvency of KLSR Infratech Ltd.

On August 13, 2025, during the hearing in the NCLAT, Justice Sharad Kumar Sharma created a sensation by stating in an open court that he had received messages from a senior member of the higher judiciary pressing him to rule in favour of a particular party.

He also showed the messages on his phone to one of the counsels present and immediately recused himself.

According to the petitioner private firm, the approach was allegedly made to favour the other party. Justice Sharma recorded in the order, which was uploaded later the same day, that he was approached by "one of the most revered members of the higher judiciary" but did not mention on whose behalf the approach was made.

The writ petition before the top court sought registration of an FIR for offences under the PCA disclosed by the incident, including provisions of the Bharatiya Nyaya Sanhita (BNS).

It said the apex court's earlier ruling had held that a criminal investigation into alleged judicial corruption cannot be substituted by any internal "inhouse" fact-finding.

The private firm has also sought a court-monitored probe by an independent agency after preserving the electronic evidence, including video and audio of the August 13, proceedings, which the NCLAT registrar has refused to share, citing a lack of enabling rules. PTI MNL MNL KSS KSS