Nidhi Kaim v. State Of Madhya Pradesh And Others

Order

1. After hearing had gone on for some time, wherein the limited issue canvassed was whether this Court was justified in exercising jurisdiction under Article 142 of the Constitution of India, our attention was invited to the mandate contained in Article 145(5) of the Constitution so as to suggest that the entire controversy needed to be heard afresh, in view of the following order passed by the Bench on 12-5-2016 (2016) 7 SCC 615: (Nidhi Kaim case (2016) 7 SCC 615)

“137. In view of the divergence of opinion in terms of separate judgments pronounced by us in these appeals today, the Registry is directed to place the papers before the Hon'ble the Chief Justice of India for appropriate further orders.”

2. We are of the view that the instant issue can be resolved by referring the matter back to the Bench for a clarification of the order dated 12-5-2016 (2016) 7 SCC 615, whether the reference required rehearing of the entire matter, and if not, the limited issue referred for consideration.

3. We have chosen to adopt the above course so as to save precious time of the Court. In the above view of the matter, the Registry is directed to place the files of this case before the Hon'ble the Chief Justice of India for seeking clarification of the Division Bench which passed the order dated 12-5-2016 (2016) 7 SCC 615.

4. Post the matters for hearing, after clarification.

Court Masters