DIPAK MISRA, ASHOK BHUSHAN, S. ABDUL NAZEER
M. SIDDIQ (D) THR. LRS. – Appellant
Versus
MAHANT SURESH DAS AND OTHERS ETC. – Respondent
JUDGMENT :
Ashok Bhushan, J. (For Self & Dipak Misra, CJI.)
1. These appeals were fixed for commencement of final arguments on 05.12.2017, when Dr. Rajeev Dhavan, learned senior counsel appearing for the appellants (C.A. No. 1086610867 of 2010 and C.A. No. 2215 of 2011) submitted that the Constitution Bench Judgment of this Court in Dr. M. Ismail Faruqui and Ors. Vs. Union of India and Ors., (1994) 6 SCC 360 (hereinafter referred to as “Ismail Faruqui’s case”) needs reconsideration, hence the reference be made to a larger Bench. The above submission of Dr. Dhavan was opposed by learned counsel appearing for the respondents. After completion of the pleadings, when matter was again taken on 14.03.2018, we thought it appropriate that we should hear Dr. Dhavan as to whether the judgment in Ismail Faruqui’s case requires reconsideration.
2. We have heard Dr. Rajeev Dhavan, learned senior counsel for the appellants, Shri K. Parasaran and Shri C.S. Vaidyanathan, learned senior counsel for the respondents in Civil Appeal Nos. 47684771 of 2011, Shri Tushar Mehta, learned Additional Solicitor General has appeared for the State of U.P. We have also heard Shri P.N. Mishra, Shri S.K. Jain and seve
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