The Bench, also comprising Justice Amitava Roy, referred the matter to another Bench saying, "If it has to come before another Bench, why apply mind. List it before another Bench on June 22."

Senior advocate Ram Jethmalani, who was appearing for Swamy, then asked the Bench, "In the meantime, what should the man do if there is an order that he will be arrested and produced before the Judge."

To this, the Bench stated that till June 22 nothing will happen but refused to pass an interim order. "We cannot pass any interim order," it added.
 
However, it allowed Swamy to mention it before Chief Justice HL Dattu after Jethmalani sought permission. "You have the liberty to mention it before the Chief Justice," the Bench cited.

Earlier, on May 21, an Apex Court Justice had recused from hearing his plea challenging the validity of some penal provisions relating to 'hate speech'.

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