J Datta: we would like to hear you on the merits.

Mehta: AGI has already done it.

J Datta: we will refer if we have to only but after hearing you on the merits. If it has to be referred then all Article 32 petitions should go before 5 judge bench. Why should it be place before a two judgement?

AGI: If the substantial questions have arisen for the first time and there is no conclusive authority then the court will ordinary refer