As NCLAT chair, lack of basic infrastructure remains Justice Mukhopadhaya’s biggest challenge.The lack of permanent staff to take down orders in shorthand and later type them out for him to correct is just one among many.In cases where there are a number of intervening parties and applicants, the courtroom is often so jam-packed that even the senior advocates have failed to find place inside. Illustration: Dominic Xavier/Rediff.com For retired Supreme Court judge and current chairperson of the National Company Law Appellate Tribunal (NCLAT), Justice Sudhansu Jyoti Mukhopadhaya, challenging the status quo is not an alien idea. In 2013, he was part of the two-member bench that controversially recriminalised homosexuality, overturning a landmark Delhi high court judgement. In upholding the notorious British-era section 377 of the Indian Penal Code, Mukhopadhaya, along with Justice G S Singhvi offered two remarkable reasons for doing so: that only a minuscule fraction of the country’s population constituted LGBTQ and that in more than 150 years, less than 200 people had been prosecuted.That this ruling was given a decent burial by a larger bench under then Chief Justice Dipak Misra five years later does not seem to have lessened Justice Mukhopadhaya’s penchant for original thinking. On… Read full this story
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