The court said that the appeal cannot be granted in the absence of response from the petitioner Mithilesh Kumar Singh and has scheduled the hearing of the government's plea to Jan 20, 2010.
Senior counsel Abhishek Manu Singhvi ran into trouble with the bench when he asked for three judge bench including Justice Alam to conduct the hearing.
Irked by the Singhvi's pleading, Justice H S Bedi, who was heading the bench threatened to recuse.
"This is not a matter for you to decide. You are being ungentlemanly and unkind to us. Whether it is a two or three judge bench, it is for the Chief Justice to decide," he said.