In a recent development at the Supreme Court, Justice K V Viswanathan recused himself from hearing cases related to the coal scam, citing previous involvement as a lawyer in one of the matters. The recusal has prompted Chief Justice Sanjiv Khanna to announce plans for reconstituting the bench.
Justice Viswanathan was part of a three-judge bench, also including Chief Justice Khanna and Justice Sanjay Kumar, tasked with hearing pleas that challenge the Supreme Court’s previous orders. These orders prevent high courts from engaging with appeals against trial court decisions in criminal cases stemming from allegations of illegal coal block allocations.
During proceedings, Justice Viswanathan disclosed his prior involvement with the Common Cause case—a pivotal lawsuit handled by the Enforcement Directorate within the broader spectrum of coal scam litigations. His recusal is aimed at maintaining judicial impartiality and integrity in the handling of these high-profile cases.
Chief Justice Khanna stated that a new three-judge bench would be assembled to take over the proceedings in the week starting February 10, 2025. This bench will exclude Justice Viswanathan to ensure no conflicts of interest affect the judicial process. The Chief Justice also tasked the apex court registry with preparing a comprehensive compilation of all pending petitions related to the 2014 and 2017 judgments. These judgments had initially set the precedent that barred high courts from hearing interlocutory appeals in the coal scam context.
The Supreme Court’s 2014 landmark decision annulled 214 coal blocks allocated by the government between 1993 and 2010, spotlighting the PILs that criticized these allocations for legality and procedural fairness. A special CBI judge was appointed to oversee the ensuing trials, with the Supreme Court holding exclusive jurisdiction over any requests to stay or impede the investigations or trials.
