These questions, which are likely to arise during the course of the hearings in the matter include the main question: whether the Chief Justice, Mr Justice B.K. Roy, was competent to constitute a Bench to hear the review application.

The Bench will also decide if Chief Justice Roy could have included any Judge or Judges in addition to, or other than, the two Judges who had passed the judgement under review.

Answers to the questions could set the tone for future cases of similar kind.

The seven-Judge Bench is dealing with the matter concerning the controversy that started following the decision of Chief Justice Roy to order filing of a review application against the orders of a Division Bench comprising Mr Justice H.S. Bedi and Mr Justice Nirmal Singh.

Mr Justice Bedi and Mr Justice Nirmal Singh had on August 12, 2004, withdrawn from a full Bench headed by the Chief Justice after questioning his authority to constitute such a Bench to hear the review application.

The review pertained to the May 13 order of the Division Bench, by which it had dismissed a writ filed by Punjab Police constable Ramesh Singh challenging his transfer from Rajpura to Faridkot.

The Bench had also put an end to all inquiry proceedings against Judicial Officer Jatinder Walia, initiated on the complaints of the constable. Following their withdrawal, Mr Justice Roy also rescued himself from the case.

The questions that the seven-Judge Bench could deal with also include the issue of powers of the High Court, if any, to order review of judgments and the source, if any, of such powers. It will also decide if the High Court has any power of review under Article 226 of the Constitution under which the review application was filed.

Other posers are: whether the Code of Civil Procedure applies to writ proceedings under Article 226; whether the Chief Justice was competent to decide upon and direct filing of the review application in a matter pertaining to a judicial officer or does such a direction lie within the purview of the full court.

Another important question is whether the order under review is a nullity, having been passed without the notice of the High Court, the party directly and adversely affected by the order, in so far it relates to Ms Jatinder Walia.

The Bench will also go into the issue of whether the Division Bench, which ordered closure of inquiry proceedings against Ms Walia, pre-empted/usurped the power of the High Court in matter concerning control over subordinate judiciary.

Today, during the resumed hearing, advocate Gupta again defended the action of the Chief Justice and told the Bench headed by Mr Justice Amar Dutt that Chief Justice Roy was within his rights in ordering the constitution of a bigger Bench to hear the review.

The hearing will resume on February 9.