Mehta submits that it was during the review petition in #Sabarimala matter but that's a matter of nomenclature.
CJI SA Bobde says that the reference was certainly made by the Bench hearing the review
Mehta says, it's because questions referred are larger questions and do not pertain to review
"Here CJI himself happened to feel the need to refer questions to a larger Bench and happened to be the author of the judgment that made the reference", Mehta
CJI Bobde says that the Court would like to hear Senior Counsel Fali Nariman's arguments against maintainability of the reference first
"Nothing prevented him (CJI Gogoi) from constituting a nine-Judge Bench for hearing these constitutional questions", Nariman
Nariman says, only if the same is allowed.
Nariman: Then what is the point.
Indira Jaising: Facts will continue to remain disputed then; facts will have to be determined for any decision
Senior Counsel Indira Jaising begins to make her submissions
Hearing to continue in the post office lunch session.
Order to be pronounced on Monday.
Court also said that the issues to be heard by the Court will be announced on Monday, Feb 10.