The first effort was made before a bench comprising Justices J S Khehar and Arun Mishra. Since Justice Khehar recused from hearing the plea for passing an order to restrain the High Court from delivering the verdict on scope of powers of Delhi Government which still did not enjoy full statehood under the Constitution, the bench declined to go into the second plea of the lawsuit.
Her plea was also objected to by Attorney General Mukul Rohatgi, who said he was not giving his consent for listing both matters together as there was a proper procedure for it which the Delhi Government must follow.
He said such a plea can be mentioned before the Chief Justice who was still holding the hearing at the time.
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"I can't expect an attorney general to behave like this," she said.
Rohatgi said he also did no expect a senior lawyer like her not following the procedure of the court.
To this, Justice Khehar in a lighter vain said "Mr. Attorney General, you cannot withdraw your consent given to a woman."
Rohatgi said it was not about withdrawing consent, but the procedure which needs to be followed.
After the hearing was over before the bench of Justice Khehar, Jaising along with a team of lawyer rushed before the bench headed by CJI and just before it was to rise for lunch, she made the second attempt on behalf of the Delhi Government.