Supreme Court's three-judge bench of Justice Sanjay Kishan Kaul, Justice CT Ravikumar and Justice Sudhanshu Dhulia has taken an unusual step by deciding to transfer the case titled "Sarda Mines And Another Vs. State of Odisha" (Civil Appeal No(s).8995 of 2022) to another Bench after having reserved the judgment for the same. This decision, made on the eve of Justice Kaul's final working day, arises from acknowledged disparities in the Bench's legal viewpoints on the case.
Supreme Court's order, aiming for clarity and fairness, outlines that the Bench had reserved orders in this matter on 02.11.2023, and despite discussions, there is a difference in perception on the legal nuances of the case. With one of the judges demitting office shortly, the Court deems it appropriate to direct the matter to be placed before the Chief Justice of India for assignment to a completely different Bench. This new Bench will have the opportunity to freshly apply its mind to the case.
This decision marks an uncommon occurrence where the Supreme Court, having initially reserved judgment, chooses to redirect the matter to a new bench for a fresh review. The contrasting judicial perspectives and the impending retirement of the presiding judge were cited as pivotal factors influencing this unprecedented move.
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