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SUPREME COURT OF INDIA
T.S. THAKUR, CJI., MADAN B. LOKUR, S.A. BOBDE, ADARSH KUMAR GOEL, UDAY UMESH LALIT, D.Y. CHANDRACHUD AND L. NAGESWARA RAO, JJ.
State of Uttar Pradesh - Petitioner
Versus
Jai Bir Singh - Respondents
Civil Appeal No. 897 of 2002, 1276, 1278, 1279, 6114, 8597 of 2001, 2409, 2506, 4569, 5101, 6108, 6471 of 2002, 7994 of 2004, 812 of 2005, 1273, 1274, 3647, 4646 of 2007, 296, 1311-1312 of 2008, 3920, 5681 of 2010, 3119, 7757 of 2011, 1131, 5519 of 2012, 4505-4506, 4507-4508 of 2013, Special Leave Petition (C) No. 20982 of 2002, 11291, 14085, 14127 of 2004, 4139 of 2005, 16301 of 2007, 3107, 4327, 4328, 4329, 16276, 17224, of 2008, 1112 of 2009, 12679-12682 of 2014, 1857 of 2016, Special Leave Petition (C)...Cc No. 7990 of 2009
Decided on : 02-01-2017
Reference Order - Constitution of Nine-Judges Bench - The court ordered the constitution of a Nine-Judges Bench to answer questions raised in a reference order, considering the serious and wide-ranging implications of the issue and doubts expressed about the correctness of the view taken in a previous case.
Fact of the Case:
The court heard counsel for the parties and considered relevant passages of a previous decision and a reference order, and concluded that the appeals need to be placed before a Bench comprising Nine-Judges.
Finding of the Court:
The court found that the issue at hand had serious and wide-ranging implications, and doubts had been expressed about the correctness of the view taken in a previous case, leading to the decision to constitute a Nine-Judges Bench.
Issues: The issues revolved around the implications of the issue at hand and the correctness of the view taken in a previous case.
Ratio Decidendi: The serious and wide-ranging implications of the issue and doubts about the correctness of the view taken in a previous case influenced the court's decision to constitute a Nine-Judges Bench.
Final Decision: The court ordered the constitution of a Nine-Judges Bench to answer the questions raised in the reference order.
ORDER :
T.S. THAKUR, CJI.
1. We have heard learned counsel for the parties at considerable length. We have also been taken through relevant passages of the decision of this Court in Bangalore Water Supply & Sewarage Board etc. v. A. Rajappa and Ors. etc. (1978) 2 SCC 213 and the reference order passed by a Five-Judges Bench of this Court pursuant to which these matters have been placed before us. Having given our anxious consideration to the contentions urged at the bar and the serious and wide ranging implications of the issue that fall for determination as also the fact that serious doubts have been expressed in the reference order about the correctness of the view taken in Bangalore Water Supply's case (supra), we are of the opinion that these appeals need to be placed before a Bench comprising Nine-Judges to be constituted by the Chief Justice.
2. We order accordingly. The papers be now placed before the Chief Justice for constituting an appropriate Nine-Judges Bench to answer the questions raised in the reference order dated 5th May, 2005 passed by the Five-Judges Bench in State of U.P. v. Jai Bir Singh, (2005) 5 SCC 1.
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