NCLAT Chennai Recusal: Knee-jerk reactions are no answer to Judicial corruption-What we need is radical reforms.

Mathews J. Nedumpara

98205 35428

26th August 2025

 

To

 

1. Hon’ble Shri Narendra Modi, Prime Minister of India

 

 

2. Hon’ble Shri Justice B. R. Gavai, Chief Justice of India

 

 

3. Hon’ble Shri Arjun Ram Meghwal, Union Law Minister

 

 

4. Members of Parliament, India

 

 

Respected Sir(s),

 

We, lawyers and citizens, are taken aback by the order of the NCLAT, Chennai Bench dated 13.08.2025, wherein the Bench recorded: “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.”

 

The Bench, comprising Hon’ble Justice Sharad Kumar Sharma and Shri Jatinder Nath Swain, did not disclose the name of the judge who contacted Justice Sharma, nor the name of the party for whom the favour was sought. It is, however, evident that it was in relation to KLSR Infratech Ltd. Social media is replete with possible names, and these discussions are not merely guesswork.

 

Corruption in the judiciary, particularly in tribunals, is no longer a secret confined to closed doors. The recent incident involving Justice Varma, where the public witnessed huge volumes of currency being displayed on television, has only deepened public disillusionment. Earlier, to make such sweeping accusations would invite condemnation. Today, nobody would fault me for such statements. Judicial corruption is now widely accepted as an undeniable reality, but that is no consolation.

 

The political leadership—both ruling and opposition—the Members of Parliament, and the press are collectively responsible for this sorry state of affairs.

 

The Collegium system, where judges appoint themselves, and the practice of designating lawyers as Senior Advocates by the judges, are primary reasons for the decay in the judiciary. It is unfathomable why the Government has taken no steps to reform the system since its failed attempt to introduce the NJAC. When the NJAC was struck down, the Government and the Opposition accepted it as a fait accompli. That was an unpardonable mistake.

 

The muted response of both the Bench and the Bar to the Justice Varma case—where not even an FIR has been filed despite shocking revelations—shows that no one is willing to confront judicial corruption head-on. Those who control the Bar and those on the Bench are unable to express themselves, even when they wish to, because of interdependence and obligations. One becomes a judge and rises through the ranks, or is designated at an early age, often due to kinship and connections rather than merit.

 

Equally baffling is the attitude of the press toward judicial corruption. Why the press should fear speaking against it is a question with no satisfactory answer.

 

I do not wish to comment on the current NCLAT incident beyond what I have read in social media and online reports. The merits of the case are one matter, but what is more concerning is the complete absence of a mechanism to investigate judicial corruption and hold those guilty accountable. “Be you never so high, the law is above you.”

 

I therefore call upon the political executive and the Members of Parliament to wake up from their slumber and address this burning issue, setting aside all political differences.

 

With respectful regards,

 

Yours sincerely,

Mathews J Nedumpara.