The case of special CBI judge Justice Loya refers to a hearing underway at the Supreme Court on petitions calling for an independent probe into his death in 2014.
The judges - J. Chelameswar, Ranjan Gogoi, MB Lokur and Kurian Joseph - said cases having "far-reaching consequences for the nation", were being "selectively" assigned to the benches of "their preference".
The bench asked Dave to specify why the Supreme Court should not hear the petition.
Advocate Anita Shenoy appeared for petitioner Maharashtra-based journalist Banduraj Sambhaji Lone.
Before the commencement of hearing senior counsel Dushyant Dave, representing Bombay Lawyers' Association said the high court was already seized of the matter and the top court should refrain from hearing the issue.
Loya died of a cardiac arrest in Nagpur on December 1, 2014, when he had gone to attend the wedding of a colleagues daughter.
Last November, Loya's sister alleged foul play in his death in an interview to Caravan magazine.
Sohrabuddin Sheikh was killed in 2005 in an alleged fake encounter by a team of the Gujarat police, which claimed that he was a member of the Lashkar-e-Toiba terrorist outfit.
The case was later transferred to the CBI and the trial was shifted to Mumbai.
Congress leader Tehseen Poonawalla, who had filed the petition, said just before his plea was to be heard this morning in the court of Justices Arun Mishra and M M Shantanagoudar, the senior advocate had pressurised him to withdraw the petition. Another party leader and senior lawyer Abhishek Singhvi, who was also not in Delhi, was also consulted.
Only three days ago on January 9, the Bombay Lawyers Association had also filed a PIL in the Bombay High Court, seeking a probe into Loya's death and pointing out a high-profile case of Gujarat he was handling at the time of his death. I was called names but I refused to back off.