The Supreme Court has pulled up Railway Minister Lalu Prasad for his contradictory stands before it and the Patna High Court over the constitution of a bench to hear his plea related to sanction accorded for his prosecution.

A three-member bench comprising judges S.N. Variava, A.R. Lakshmanan and S.H. Kapadia, passing orders Wednesday on Lalu Prasad's application, however, agreed that it was the prerogative of the acting chief justice of the Patna High Court to decide on the composition of the bench.

By an order issued April 26, the apex court had constituted a bench of judges Aftab Alam and Chandramouli Prasad to hear Lalu Prasad's petition in the high court.

But Lalu Prasad filed an application questioning the composition of the bench and sought a personal hearing to explain his stand.

The Supreme Court pointed out that the April 26 order was passed with the consent of his counsel.

After consenting and in any case after not objecting to it, submissions were made before the acting chief justice of the Patna High Court that the apex court had no jurisdiction to constitute a bench.

The apex court said: "We deprecate this practice of a party obtaining an order by consent and/or not objecting to an order and then making contrary submissions before another forum.

"If the party had felt aggrieved, the proper course was to immediately come back to this court and get the order clarified by this court."

The judges reminded Lalu Prasad that the apex court had only requested the acting chief justice of Patna High Court to constitute a bench.

"Undoubtedly the prerogative to constitute a bench is with the acting chief justice and the above order in no way expresses any lack of confidence in the acting chief justice nor takes away his prerogative to constitute a bench," they said.