J Datta: we uphold Madam Jaising's objection. there was no question for reference to be made to the 3 judge bench which then referred to 5. we noticed 6 reasons given by the 5 judge bench. we tried to trace how reference can be made and we came across the Keshav Mill judgment. that precedent was available before Jai Bir and we have held that whatever 5 principles were laid down on referral, Jai Bir fails all.