Why the SC Deleted weeks of hearings to Protect the Bench’s Sanctity, Read what triggered the Judge’s recusal

Recently, in an unusual turn of events, the Supreme Court saw a Judge recuse himself after a matter had already been reserved for judgment, leading to the recall of the proceedings and a fresh hearing before a reconstituted bench. The Court’s course of action highlights its strict adherence to judicial propriety, reaffirming that even a post-hearing disclosure of prior association is sufficient to reset the process in order to preserve institutional integrity.

The case arose from a petition filed by Alchemist Asset Reconstruction Company Pvt Ltd, which had been heard by the Division Bench of Justice J B Pardiwala and Justice K V Viswanathan, with judgment reserved on March 17. However, shortly thereafter, Justice Viswanathan realised that during his years as a practising advocate, he had appeared for the very same company in related proceedings. This disclosure brought into question the continuation of the bench’s decision-making in the matter, given the established norms governing judicial impartiality and prior professional associations.

The Bench noted, “After the judgment came to be reserved, it has come to the notice… that his lordship had appeared as a counsel for the appellant…” Emphasising the need for absolute neutrality, the Court recalled its earlier order reserving judgment and directed that the matter be placed before the Chief Justice of India for reconstitution of an appropriate bench.

Consequently, the case will now be heard afresh.

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