Coal scam: Justice Viswanathan opts out of hearing, CJI to reconstitute three-judge bench

New Delhi: Supreme Court judge Justice KV Viswanathan on Thursday recused himself from hearing coal scam cases, paving way for a fresh three-judge bench to decide a crucial issue arising from previous orders that barred the high court from entertaining appeals.

The Apex Court passed two orders in 2014 and 2017 restricting the accused from approaching the high court and had directed that appeals against trial court proceedings in the coal scam cases could only be filed in the top court.

The intent behind the orders was to expedite trial processes by preventing delays and to stall the proceedings by the accused seeking relief in high courts.

While taking up the pleas seeking modification of its earlier orders, a bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and Viswanathan, at the outset, said a fresh bench will be set up to decide the issue in the week commencing February 10.

Justice Vishwanathan said he was in “the Common Cause (the NGO which had filed the PIL in coal scam cases). This case was of the ED (Enforcement Directorate), but still…”.

The bench deliberated upon the scope of appeals and the applicability of earlier orders restricting high courts from hearing these cases and asked the apex court registry to prepare a comprehensive compilation of all pending petitions related to 2014 and 2017 judgments that had barred the high court from hearing interlocutory appeals. “The registry shall prepare a compilation of all cases where the special leave petitions (SLPs) are filed in terms of judgments of this court in 2014 and 2017…

“The fresh bench shall exclude Justice Vishwanathan and shall be formed in the week commencing February 10,2025. Key question will be: Whether or not one who seeks stay of trial will not go by the procedure of CrPC but instead file a SLP in the Supreme Court,” the order said.

During the hearing, senior advocate Maninder Singh, appearing for the Enforcement Directorate, informed the court that 45 complaints, including supplementary ones, are currently pending under the PMLA. He said 20 cases are before the top

court as well.