Supreme Court Judge recuses from case after prior counsel role comes to light

Supreme Court judge Justice K.V. Viswanathan has recused himself from hearing a case in which the apex court had reserved its verdict last month, after it came to his notice that he had earlier appeared as counsel for the appellant.

Justice Viswanathan was elevated directly from the Bar to the Supreme Court on May 19, 2023. In April 2009, he was designated a senior advocate by the apex court and was among the leading lawyers before his elevation.

The matter, filed by Alchemist Asset Reconstruction Company Private Limited, was heard on April 1 by a bench of Justices J.B. Pardiwala and K.V. Viswanathan.

“This matter was heard finally, and the judgment was reserved. After the judgment came to be reserved, it has come to the notice of K.V. Viswanathan… that his lordship had appeared as a counsel for the appellant herein in the corporate insolvency resolution process (CIRP) against the principal borrower (corporate debtor),” the bench said.

The judgment was reserved in the matter on March 17.

In view of the development, the bench recalled its March 17 order and directed that the matter be listed before another bench, as may be directed by the Chief Justice of India.