The bench asking Parikh to clarify on the conflict... ... [Article 370] [Day-5] Hearing On Kashmir Petitions [Live-Updates From Supreme Court]

The bench asking Parikh to clarify on the conflict between SC judgments necessitating reference to larger bench.

Reddy J. - What is the precise conflict (between SC decisions) ? Paraphrase it. Why do we refer this ?

Kaul J. - You have to formulate what you feel is the conflict. It can’t be that one line says something different in one case and another line says something different in another.

Parikh - The argument which was advanced was that the concurrence-

Reddy J. - But, where is the conflict ?

Ramana J. - Has it been referred to in any of your written arguments ? If yes, then read it.

Kaul J. - You can’t have a reference on the basis of the fact that some judgement hasn’t been referred to in another judgement. A reference can only be made if there are conflicting judgements given by two cases which have coordinate benches.