A two-judge SC bench on Friday delivered a split verdict on the maintainability of Centre's recall application, also seeking modification of July 4 SC order directing constitution of SIT for black money cases.
While Justice Altamas Kabir said the bench could hear the application, Justice SS Nijjar ruled the Centre's move was an "abuse of the court process."
Disagreeing with his senior judge, Justice Nijjar opined the application was an attempt to "camouflage a review application as an application for modification," and that it should should not be encouraged.
Justice Nijjar was a member of the earlier SC bench headed by Justice Sudershan B Reddy that had lashed out at the Centre for failing to initiate action against those who have stashed black money abroad and constituted the SIT. Instead of complying, the Centre chose to file the recall application.
The matter would now be referred to the CJI for placing it before a bench of three judges. Justice Kabir, in his order, said: "As the very working of the SIT... is in question, it is necessary to cut across the technical tapes sought to be invoked."
Dismissing Ram Jethmalani's objections against the application, the bench said the SC could consider Centre's application as a review petition. Justice Nijjar, however, held Centre's application was in the nature of a memorandum of appeal.