New Delhi: A Supreme Court 9-judge Constitution bench on Thursday reserved its order for Monday, after a day-long hearing on the issue, whether a reference made to the larger bench could have been made by a bench of five judges, while hearing review petitions challenging the Sabarimala judgment. The court will frame the questions of law after pronouncing the order.
The bench headed by Chief Justice S.A. Bobde said, “Order will be pronounced on Monday… and the issues will also be framed on Monday.”
The Chief Justice queried senior advocate Fali S. Nariman about the Delhi Judiciary Officers’ case, where he had argued, and he had referred to a principle in Halsbury, according to which the Supreme Court could exercise jurisdiction with no bar. “Could this apply here?” queried the Chief Justice.
Many senior advocates involved in Sabarimala verdict review had argued that top court cannot refer questions of law, while dealing with review petitions, to a larger bench.
Ms Kalinga