The court has the authority to stay proceedings and direct the withdrawal of similar questions pending reconsideration of a legal provision.

JUDGMENT :

1. The law laid down in S.P. Gupta & Ors. etc. v. U.O.I. & Ors. etc., (1982(2) SCR page 365 is being reconsidered by a nine judge bench of this Court. The regular hearing is to commence on April 7, 1993. All questions concerning the appointments, transfer and confirmation of judges and matters connected therewith are thus pending reconsideration before this Court. In the circumstances, it is appropriate and in the interest of justice that the questions which are before this Court should not be entertained at this stage by the High Courts in the country.

2. It has been brought to the notice of this Court that in Baldev Raj v. Union of India, Civil Writ Petition No. 9124/90 and in Civil Writ Petition No. 7158/93 and other petitions which are pending before the Allahabad High Court similar questions are being agitated. We, therefore, issue notice through the legistry of the Allahabad High Court similar question are being agitated. We, therefore, issue notice through the registry of the Allahabad High Court to the parties therein to show cause why the writ petitions be not withdrawn from the Allahabad High Court to this Court. Meanwhile, further proceedings before the Allahabad High Court in the aforesaid writ petitions shall remain stayed. The notices are returnable on March 29, 1993. The Registry of the Allahabad High Court is directed to act expeditious in compliance with these directions.

3. We further direct that all proceedings in any writ petition filed or to be filed in any High Court in the country where the above mentioned or connected questions are being Order Dated March 19, 1993 in W.P. (C) No. 1303 of 1987 agitated shall also remain stayed. The Registry of the High Court concerned shall issue similar notices to the parties therein returnable on March 29, 1993 or soon thereafter.

4. The Registrars of all High Courts shall forthwith intimate to this Court the title and number of all writ petitions filed and pending in the High Courts and such further writ petitions, if any, as are filed hereafter wherein the above mentioned or similar questions are being agitated. In the meanwhile, we direct that the hearing of all such writ petitions before all the High Courts shall remain stayed until further orders.

5. The Registry of this Court is directed forthwith to send copies or this order to the Registrar of Allahabad High Court and to the Registrars of all other High Courts in the country for compliance. Telex messages in this respect to all the High Courts in the country shall also be sent today.