SC To Clarify Whether Anvar Case Judgment is Applicable Retrospectively?

The Supreme Court has referred an application by the State of Kerala seeking clarification on whether the judgment in Anvar PV vs PK Basheer is applicable retrospectively or not before an appropriate bench to be constituted by the Chief Justice of India. The State of Kerala argues that a clarification as to whether the ratio laid down by the apex court in the case of Anwar PK vs Basheer is applicable retrospectively or not is essential for the interest of justice. The bench of Justice Kurian Joseph and Justice Amitava Roy observed that in view of the observations in a judgment of this Court in Sonu alias Amar v. State of Haryana, reported in (2017) 8 SCC 570, in paragraph 40, place this application before Hon'ble the Chief Justice of India for posting the matter before an appropriate Bench. The learned senior counsel appearing for the applicant(s) submits that the hearing of the appeal is fixed before the Division Bench of the High Court of Kerala.