Live Law

2024-02-06 09:33:46.0

  • CJI : HC has non suited you only on the basis of Chinnaiah, so if we come to the conclusion that Chinnaiah is wrongly decided we still have to HC for any other challenges right, any other challenges which are there to the statute. Otherwise we would be deciding adequate representations, what about other challenges there are.

    AG : what I can suggest is that once your lordships sets aside the judgement on the basis that Chinnaiah itself is set aside and leave the question open, if somebody challenges it in litigation we will deal with it.

    CJI: the original petitioners before the HC are represented here?

    Counsels : yes yes

    CJI: so we will see what was their challenge. Chinnaiah was the fundamental basis of their petition, then we can conclude it here and then if somebody wants to challenge it they file a petition there why do we ...

    AG ; my lord may grant them liberty if any additional issues arise other than chinnaiah, Im sure there is no bar in challenging that would be a fresh challenge. 

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