Chief Justice Sanjiv Khanna, who was leading the bench with Justices Sanjay Kumar and Viswanathan, announced that a new three-judge bench would be formed to hear the cases during the week starting February 10
NEW DELHI: Today (16th Jan): Justice K.V. Viswanathan of the Supreme Court recused himself from hearing cases related to the coal scam, citing his prior involvement as a lawyer in one of the matters.
The cases in question involve pleas seeking a modification of earlier Supreme Court orders that had prevented high courts from reviewing trial court decisions in criminal cases linked to the alleged illegal allocation of coal blocks.
Chief Justice Sanjiv Khanna, who was leading the bench with Justices Sanjay Kumar and Viswanathan, announced that a new three-judge bench would be formed to hear the cases during the week starting February 10
The registry is tasked with compiling all cases where special leave petitions (SLPs) have been filed based on the court’s judgments from 2014 and 2017.
“A new bench will be formed in the week starting February 10, 2025, excluding Justice Vishwanathan. The key issue will be whether someone seeking a stay of trial should follow the CrPC procedure or file an SLP in the Supreme Court,” the order stated.
At the start of the proceedings, Justice Vishwanathan mentioned that he was involved in the “Common Cause” case (an NGO that filed a PIL in the coal scam cases). While this case was related to the ED (Enforcement Directorate), he still made the remark.
On 4th December, The Supreme Court, led by CJI Sanjiv Khanna, is set to review its earlier orders barring High Courts from hearing appeals in coal block allocation cases. During a hearing, the Chief Justice questioned the CBI’s stance that all appeals should only be directed to the apex court. The court emphasized the need for judicial efficiency and expressed interest in benefiting from Delhi High Court’s orders.
In 2014, the top court annulled 214 coal blocks allocated by the Centre from 1993 to 2010, following public interest litigations (PILs) and ordered a trial to be conducted by a special CBI judge.
The bench had mandated that any requests for a stay or to hinder the investigation or trial could only be made before the Supreme Court, effectively preventing other courts from considering such pleas.
Additionally, a separate bench led by Justice Abhay S. Oka previously issued a notice to the Enforcement Directorate, seeking clarification on whether the bar established in earlier rulings restricting any requests for a stay or hindrance to the investigation or trial in coal block allocation cases to the Supreme Court also applied to complaints filed under the Prevention of Money Laundering Act (PMLA).
The issue at hand was whether the restrictions in the earlier orders required clarification, especially regarding their applicability to PMLA cases linked to the coal block allocation scam.
The CBI filed 57 cases in the coal scam, alongside several related money laundering cases.
Case Details : MANOHAR LAL SHARMA Versus THE PRINCIPAL SECRETARY AND ORS. W.P.(Crl.) No. 120/2012
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