In Brief
This case concerns the maintainability of a Special Leave Petition filed after the Supreme Court dismissed an earlier petition as withdrawn and granted liberty to approach the High Court for review. The core issue is whether this liberty automatically allows a subsequent Supreme Court petition. The bench found conflicting precedent: established cases require explicit permission for a fresh petition, but the Khoday Distilleries judgment suggests that non-speaking dismissals do not bind subsequent proceedings. Given this tension, the court referred the matter to a larger bench to clarify the law and prevent either endless litigation or arbitrary exclusion of remedies.
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