A bench of Justices DY Chandrachud and BV Nagarathna also held that summary disposal of an earlier petition under Article 32 of the constitution does not bar the present writ petition on grounds of res judicata as there has been no substantive decision on the merits of the issues.
Advocate Prashant Bhushan, appearing for the petitioner, had pointed out that the final decision to close the case has been taken even though several officers of the CBI recommended registration of a regular case for a further inquiry