The Supreme Court on Wednesday referred a significant procedural question to a larger three-judge bench: whether it is mandatory for a litigant to first approach a Sessions Court for anticipatory bail, or if they have the “choice” to move the High Court directly.

The matter was before a bench of Justices Vikram Nath and Sandeep Mehta . “This matter requires to be heard by a three-judge bench,” the bench observed, directing that the case be posted for hearing once the larger bench is constituted.

The apex court is being assisted in the matter by senior advocate Siddharth Luthra, who was previously appointed as an amicus curiae.

Background of the Issue

The reference to a larger bench stems from observations made by the Supreme Court on September 8, when it took note of a “regular pract

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