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Justice Khanwilkar, who was the part of a bench headed by Chief Justice Dipak Misra, did not give any reason for opting himself out of hearing the matter.
The bench, which also comprised Justice D Y Chandrachud, said a new bench would be constituted for hearing the matter on March 28.
The apex court was to hear the petition filed by BJP leader Ajay Agrawal challenging the May 31, 2005 decision of the Delhi High Court quashing all charges against all the accused persons in the case.
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