The Hindu : Front Page : Same Bench to hear petitions

Online edition of India's National Newspaper
Saturday, Apr 28, 2007
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Same Bench to hear petitions

J. Venkatesan

New Delhi: The Supreme Court Bench of Justices Arijit Pasayat and Lokeshwar Singh Panta will hear finally on May 8 a batch of petitions challenging the validity of the law that provides for 27 per cent reservation for the Other Backward Classes (OBCs) in elite central educational institutions.

The same Bench refused to vacate its interim stay of March 29 and the Centre approached Chief Justice of India (CJI) K.G. Balakrishnan, seeking early hearing of the petitions.

It also wanted the cases to be heard by a five-judge Constitution Bench, as questions of law of great public importance were involved in the issue.

There was speculation that as the final hearing had been advanced from August third week, another Bench would take up the matter. However, the same Bench that passed the interim order will hear the petitions for final disposal.

According to informed sources, the Chief Justice had passed an order only for early hearing of the petitions. He had not passed any order for a change of bench. As per Supreme Court rules, if there is no order by the CJI for a change of bench, the matter will have to be heard by the same bench.

It will be up to this bench to refer the cases to a larger bench.

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