Centre agrees to reinstate Justice Cheema as Acting Chairperson of NCLAT

  1. After a brief impasse with the Supreme Court on Thursday, the Centre agreed, as a one-off measure, to reinstate Justice A.I.S Cheema as Acting Chairperson of the National Company Law Appellate Tribunal (NCLAT) till the date of his retirement on September 20 so that he can pronounce judgments pending with him.
  2. The government blinked after the to and fro between the Bench led by Chief Justice of India N.V. Ramana and the government, represented by Attorney-General K.K. Venugopal, reached such a pass that the court threatened to suo motu stay the Tribunal Reforms Act of 2021.
  3. The government made it clear that Justice Cheema’s reinstatement was after considering the “peculiar circumstances” of his case and should not be treated as a precedent.
  4. The reinstatement spells relief for Justice Cheema, who had challenged his “premature” and sudden removal from office as NCLAT Acting Chairperson on September 10. Senior advocate Arvind Datar, for Justice Cheema, had raised the point that this was no way to treat a former Bombay High Court judge who had been part of the legal profession for 40 years.

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