The list of business for the Supreme Court showed that the petition would be heard by a Bench comprising Justice A K Sikri, Justice S A Bobde, Justice N V Ramana, Justice Arun Mishra and Justice A K Goel.
Justice Sikri is number six in the seniority list and would head the bench, others follow him in the sequence of seniority. It is significant that the matter has not been listed before the judges who are number two to five in the seniority.
These judges — Justices J Chelameswar, Ranjan Gogoi, M B Lokur and Kurian Jospeh — had held the controversial January 12 press conference in which they had virtually revolted against the CJI by raising a litany of allegations against him. On Monday, senior advocate Kapil Sibal, who was one of the signatories to the impeachment notice in the Rajya Sabha, had mentioned the matter for urgent listing before a bench headed by Justice J Chelameswar, the seniormost after CJI Misra.
While Justice Chelameswar initially asked him to mention the matter before the CJI, the bench, also comprising Justice S K Kaul, later asked Sibal and advocate Prashant Bhushan to “come back tomorrow”.