The name of the judge who will take the place of Justice Dave was not mentioned in the notice issued by the apex court registry which said the matter will be heard on April 21.

Besides Justice Dave, others in the five-judge bench, constituted by the Chief Justice, were Justices J Chelameswar, Madan B Lokur, Kurian Joseph and Adarsh Kumar Goel.

Justice Dave, who was heading five-judge Constitution bench, had recused from the matter yesterday after the Supreme Court Advocates on Record Association (SCAORA) and other petitioners said that since he had become a member of the National Judicial Appointments Commission (NJAC) under the new law, it would not be proper for him to hear the matter.

However, the submission of senior advocate Fali Nariman, who appeared for SCAORA, was opposed by Attorney General (AG) Mukul Rohatgi and Supreme Court Bar Association (SCBA), which had supported the Centre in its endeavour to replace the two- decade-old collegium system of appointment of judges by judges.

Rohatgi had contended that the suggestion of SCAORA is wholly regrettable and condemnable. He was supported by SCBA President who had said that SCAORA's objection was preposterous.

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