- (1.) Today when the matter was listed before a two-Judge Bench, comprising of Hon'ble Mr. Justice A.K. Sikri and Hon'ble Mr. Justice Ashok Bhushan, the following order was passed:- "Mr. Prashant Bhushan, learned counsel has brought to our notice order dated 09.11.2017 passed in W.P(Crl.) No.176/2017 referring the matter to the Constitution Bench. Let the matter be placed before Hon'ble the Chief Justice for passing appropriate orders for listing this matter. Mr. R.S. Suri, senior advocate/President, Supreme Court Bar Association (SCBA) submits that SCBA also wants to get itself impleaded as a party respondent and render assistance. On an oral request of Mr. Suri, the prayer is allowed and the SCBA is impleaded as a party respondent."
(2.) After perusal of the aforesaid order, it was thought appropriate by the Chief Justice of India to constitute a Constitution Bench and, accordingly, the matter has been placed before us.
(3.) It is submitted by Mr. P.S. Narasimha, learned Additional Solicitor General, Mr. R.S. Suri, Mr. Ajit Kumar Sinha, Mr. R.P. Bhatt, Mr. Ashok Bhan, learned senior counsel, Mr. Gaurav Bhatia and Mr. Gopal Singh, learned counsel, along with other counsel that as per the judgment rendered by the three-Judge Bench in State of Rajasthan v. Prakash Chand and Others, 1998(1) R.C.R.(Criminal) 322 : (1998) 1 SCC 1, the Chief Justice of the High Court is the master of the roster and there is no justification not to treat the Chief Justice of India, who is the Chief Justice of the Apex Court, to have the same power. If the same principles are not followed, the institution cannot function. Our attention has also been drawn to Order VI Rule 2 of the Supreme Court Rules, 2013, which reads as follows:- "2. Where in the course of the hearing of any cause, appeal or other proceeding, the Bench considers that the matter should be dealt with by a larger Bench, it shall refer the matter to the Chief Justice, who shall thereupon constitute constitute such a Bench for the hearing of it." ;