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2010 DIGILAW 1342 (SC)

GIAN SINGH v. STATE OF PUNJAB

2010-11-23

GYAN SUDHA MISRA, MARKANDEY KATJU

body2010
ORDER Learned counsel for the petitioner has relied on three decisions of this Court, all by two Judge Benches. They are B.S.Joshi vs. State of Haryana (2003) 4 SCC 675 ; Nikhil Merchant vs. Central Bureau of Investigation and Another (2008) 9 SCC 677 ; and Manoj Sharma vs. State and Others (2008) 16 SCC 1. It is true that in the last two decisions, one of us, Hon'ble Mr. Justice Markandey Katju, was a member but a Judge should always be open to correct his mistakes. We feel that these decisions require re-consideration and hence we direct that this matter be placed before a larger Bench to reconsider the correctness of the aforesaid three decisions. Let the papers of this case be placed before Hon'ble Chief Justice of India for constituting a larger Bench.