Justice Ashok Bhushan Says Public Confidence Is The True Foundation Of Judicial Institutions, Calls NCLAT Bar Equal Partner In Administration Of Justice
Delivering his farewell address as Chairperson of the National Company Law Appellate Tribunal (NCLAT), Justice Ashok Bhushan said that public confidence is the true foundation of every judicial institution and emphasised that courts and tribunals derive their authority not merely from statutes but from the trust reposed in them by the people. He also described the Bar as an equal partner in the administration of justice and stressed that institutions derive their strength from the collective dedication, integrity and commitment of those who serve them.
Thanking the NCLT and NCLAT Bar Association for organising the farewell, Justice Bhushan said a farewell should not be viewed as the conclusion of a journey but as an opportunity to pause, reflect and express gratitude. He observed that public offices are temporary, whereas institutions endure, and those entrusted with public office are merely custodians responsible for leaving institutions stronger, more efficient and more respected than they found them.
Reflecting on his judicial career, Justice Bhushan said serving the judiciary had been the greatest honour of his professional life. He stated that throughout his years on the Bench, he remained guided by the principle that justice must not only be done but must also be seen to be done. He added that every litigant approaches a court with hope and faith, and preserving that faith by ensuring fairness, patience and impartiality had always remained foremost in his mind.
Speaking about the role of the NCLAT, Justice Bhushan said its jurisdiction extends far beyond the resolution of commercial disputes, with its decisions influencing industries, financial institutions, businesses, employees, investors and commercial confidence in the rule of law. He said every matter before the Tribunal requires balancing legal principles, commercial realities and the larger interests of justice, and that he had endeavoured to discharge these responsibilities with impartiality, diligence and fidelity to the law. He expressed confidence that the Tribunal, guided by its Members, Registry and Bar, would continue to uphold the highest standards of judicial excellence.
Justice Bhushan said judicial functioning is the result of a collective institutional effort and acknowledged the contributions of Judicial Members and Technical Members of the Tribunal. He expressed particular gratitude to his Bench partner, Barun Mitra, stating that he had benefited from his mature advice and assistance during most of his tenure.
Describing the Bar as an equal partner in the administration of justice, Justice Bhushan said the Tribunal was able to decide complex legal issues and dispose of appeals expeditiously because of the able assistance rendered by advocates. He observed that the quality of judicial decisions reflects the quality of the Bar and praised both senior and young advocates for their assistance. He further remarked that the NCLAT Bar is one of the finest Bars, matching the standards, performance and etiquette of the Bars of the Supreme Court and High Courts.
Justice Bhushan also acknowledged the contribution of the Registry, calling it the backbone of every court and tribunal. He said the efficient functioning of the Registry had enabled the Tribunal to function smoothly, efficiently and transparently during his tenure. He fondly remembered former Registrars Peeyush Pandey and Sunit Chandra and conveyed appreciation to Registrar Raj Kumar, Financial Advisor Ghanshyam Bansal, Deputy Registrar Saudamini Singh, Assistant Registrar Brajesh Kumar and all Registry officials for their dedication in managing judicial and administrative responsibilities. He also thanked his official and personal staff, including his Secretaries, Court Masters, Law Research Associates, Personal Assistants and Attendants, for their professionalism and unwavering support.
Recalling his personal journey, Justice Bhushan paid tribute to his late father, C.P. Srivastava, from whom he learnt his first lessons in law, and to his late mother, Kalawati Srivastava, whom he credited with instilling human values, spirituality and good sanskars. He also thanked his wife, Sushama Bhushan, his son Adarsh Bhushan, his daughter Dr. Smriti Bhushan and other family members for their constant support throughout his judicial career.
Concluding his address, Justice Bhushan said retirement marks only the conclusion of an official responsibility and does not diminish one's faith in justice, the Constitution or the enduring values that sustain the legal system. He said he was leaving office with gratitude, abiding faith in the strength of institutions and confidence in the bright future of the Tribunal. He expressed hope of remaining connected with members of the Bar in future, observing that the strength of judges has always been the Bar. He ended his speech with a Sufi verse: "Goodbyes are only for those who love with their eyes, because for those who love with their heart and soul, there is no such thing as separation."