(1.) I. Should we be hearing this case?
(2.) When this matter came up for hearing for the first time on 12.3.2014, Mr. Ram Jethmalani, learned Senior Counsel appearing for the petitioner, sought liberty to make a frank and candid submission. He told us, that it would be embarrassing for him, to canvass the submissions which he is bound to raise in the matter before us, i.e., before the Bench as it was presently structured. It was also his submission, that hearing this matter would also discomfort and embarrass us as well. He therefore suggested, that we should recuse ourselves from hearing the case, and require it to be heard by another composition, not including either of us.
(3.) Mr. Arvind Datar, learned Senior Counsel, appearing for the respondents, vociferously implored us not to withdraw ourselves from hearing the case. It was his vigorous and emphatic contention, that the present petition was not maintainable, either under the provisions of the Constitution of India, or under any other law of the land. Inviting the Court's attention to the heading of the petition, it was submitted, that it did not disclose any legal provision, whereunder the present writ petition had been filed. He submitted, that as per its own showing (ascertainable from the title of the petition), the present writ petition had been filed, under the power recognized and exercised by this Court, in A.R. Antulay v. R.S. Nayak, 1988 2 SCC 602. It was the assertion of learned counsel, that the above judgment, has now been clarified by this Court. According to learned counsel, it has now been settled, that the above judgment did not fashion or create any such power or jurisdiction, as is sought to be invoked by the petitioner.