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The bench, also comprising Justice S K Kaul, asked Sibal and advocate Prashant Bhushan to mention the matter before the chief justice of India for urgent listing, citing a Constitution bench judgment on powers of master of roster.
The two leaders who have moved the petition are Congress Rajya Sabha MPs Pratap Singh Bajwa, who is from Punjab, and Amee Harshadray Yajnik, who is from Gujarat. Sibal said he was aware of the constitution bench judgment on master of roster but since the impeachment notice concerns the CJI, the senior-most judge of the apex court can order for listing.
“I am aware of the procedure but it cant be mentioned anywhere else. A person cannot be a judge in his own cause. I am just asking for urgent listing and not seeking any interim relief,” Sibal said.