J Nath: discretion is a problematic word?

Sibal: if you use it so lose, then it will create problem. Concept of discretion is alien.

J Nath: he takes a decision

Sibal: that's right. what happens is if one court uses it, the other relies upon on it

J Nath: if he takes a decision, is this justiciable? if he makes a declaration that he is reserving for President, can it be challenged?

Sibal: it can never be challenged.

J Nath: In your side, there are self-contradictory arguments, one is taking a different stand.

Sibal: no, mylords. Only on first point, Dr Singhvi and I talked about it.