"Let the matter be listed for final hearing. Law Commission report be also tagged along with the matter," a bench of justices Kurian Joseph and A M Khanwilkar said.
The Centre had earlier termed as "not maintainable" and opposed Swamy's plea saying his petition was not a "writ petition but a personal interest litigation" as NBW has been already been issued against him with regard to the alleged hate speeches.
Swamy had vehemently opposed the contention of Solicitor General and said his plea has already been considered by the previous bench headed by Justice Ranjan Gogoi which has agreed to examine the constitutional validity of 156(3) of IPC and he was not on the issue of bailable warrant.
The apex court was hearing Swamy's plea against the order of a trial court in Assam which issued an NBW against him for failing to appear before it on March 19, 2015 in a case of alleged hate speech.
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On July 2 the same year, the apex court had stayed the execution of the non-bailable warrant issued against him by the Assam court for allegedly delivering a hate speech at a university there.
Swamy, who is facing a court case in Karimganj in Assam for allegedly delivering the inflammatory address at Kaziranga University, had sought relief from the apex court in the case.