Supreme Court Refers Intra-Court Appeal Question in Criminal Writ Matters to Larger Bench

The Supreme Court referred to a larger Bench a question about whether intra-court appeals should be barred merely because a writ petition involved a criminal-law issue.

Background and dispute

The Bench expressed doubt about the reach of the 2017 Ram Kishan Fauji precedent, which has affected appeal routes from decisions of single judges in criminal-related writ proceedings.

Legal issue and court’s approach

The reference asks the larger Bench to clarify the proper test for classifying a writ matter and the consequences for access to an appellate remedy. The referring Bench did not finally overrule the existing precedent.

Order and practical consequence

The legal position will be settled when the larger Bench answers the reference.