SC orders probe as NCLAT member claims bid by judge to influence case
New Delhi: Supreme Court ordered on Tuesday an inquiry into the disclosure by a judicial member of the National Company Law Appellate Tribunal, Justice Sharad Kumar Sharma, that he was approached by "one of the most revered members of the higher judiciary of this country" to decide a case in favour of a particular litigant.
Sources told TOI that the inquiry would be conducted by the secretary general of the apex court to find out who was the judge, from HCs or SC, who allegedly attempted to influence the outcome of a case. The revelation came after a bench headed by Justice Sharma passed a brief order recusing himself from the case as "someone from higher judiciary tried to influence him". Though Sharma did not name anyone, "the higher judiciary of the country" is used to refer to SC and HCs.
"We are anguished to observe, that one of us, Member (Judicial), has been approached by one of the most revered members of the higher judiciary of this country for seeking an order in favour of a particular party. Hence, I recuse to hear the matter.
Place before the hon'ble chairperson for nomination of an appropriate bench," the order said. The case pertains to insolvency proceedings against Hyderabad-based real estate company KLSR Infratech Ltd and it was being heard by a two-member bench comprising Justice Sharma and technical member Jatindranath Swain. Though the bench had finished hearings and had reserved judgment on June 18, it referred the case to the chairperson.
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"We are anguished to observe, that one of us, Member (Judicial), has been approached by one of the most revered members of the higher judiciary of this country for seeking an order in favour of a particular party. Hence, I recuse to hear the matter.
Place before the hon'ble chairperson for nomination of an appropriate bench," the order said. The case pertains to insolvency proceedings against Hyderabad-based real estate company KLSR Infratech Ltd and it was being heard by a two-member bench comprising Justice Sharma and technical member Jatindranath Swain. Though the bench had finished hearings and had reserved judgment on June 18, it referred the case to the chairperson.
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