The Supreme Court has asked a larger bench to reconsider whether Article 226 proceedings can be divided into “civil” and “criminal” categories when deciding if an intra-court appeal is maintainable.
Justices Dipankar Datta and Sheel Nagu expressed respectful disagreement with Ram Kishan Fauji v State of Haryana. They questioned whether that decision correctly interpreted the Letters Patent and whether its approach restricts access to an appellate bench through a distinction not found in Article 226.
The 14 October 2026 order did not decide the underlying dispute on merits. It allowed the appellant to file a Special Appeal within a fortnight, stayed contempt proceedings for two months and directed that the constitutional questions be placed before the Chief Justice for assignment to an appropriate bench.