He contended that Anoop Baranwal was never intended to permanently govern the appointment process and had not been tested by a Constitution Bench. Justice Datta, however, repeatedly questioned the necessity of referring the matter without first hearing it on merits. Assume that we are not planning to refer it," Justice Datta remarked after Mehta initially confined his submissions to the question of reference. Justice Datta questioned whether every Article 32 petition involving a substantial constitutional question necessarily required reference to a Constitution Bench. After hearing all sides on the limited issue of reference, Justice Datta concluded the proceedings by reserving judgment.