After some of the parties in the matter raised the issue of heading the five-judge bench headed by Justice JS Khehar, it decided that before going into merits of the impugned law it will settle the issue as to which judges of the Supreme Court can hear it.
     
Justice Khehar said he had "no desire" to hear this matter.  He was hearing it because of the fact that Chief Justice of India (CJI) had constituted the bench with him as part of it after Justice AR Dave had recused himself, he said.
     
He said the moment his name was decided to head the bench, he wrote to the CJI that he will not be a part of either the National Judicial Appointments Commission (NJAC) or the collegium till the matter is finally heard and decided.

"We should decide who will hear the matter," the bench also comprising Justices J Chelameswar, Madan B Lokur, Kurian Joseph and Adarsh Kumar Goel said, while posting the matter for hearing on Wednesday.

"It is a very vital issue and we cannot keep it pending. We intend to pass an order as to who will hear the matter," the bench said.
    
At the outset, one of the lawyers, Mathews J Nedumpara raised the issues of bias and conflict of interest in Justice Khehar heading the bench, saying that he has been part of the collegium.

 

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