STATE OF RAJASTHAN Vs. TALIB KHAN

JUDGEMENT

(1.) Pursuant to the order of this Court dated August 21, 1987 doubting the correctness or Ibrahim Ahmad Batti v. State of Gujarat (1982) 3 SCC 440 , the case has been referred to this Bench.

(2.) These appeals by special leave arise from the Division Bench judgment of the High Court of Rajasthan at Jodhpur in Writ Petitions Nos. 831/87 and batch.

(3.) The facts are that the respondents were detained under Section 3(1) of the National Security Act, 1980 (for short, the Act), by proceedings of the District Magistrate, Jaisalmer dated January 7, 1987. The exceptional circumstances were recorded on January 11, 1987 for non-supply of the grounds and documents to the detenu. The grounds of detention with the material were supplied on January 16, 1987. The detenu made his representation on January 20, 1987 to the State Government which was rejected on February 2, 1987. He made a representation to the Advisory Board on February 9, 1987 and it was considered and rejected on February 19, 1987. The State Government confirmed the order of detention on March 13, 1987 for a period of one year w. e. f. January 7, 1987. When the orders of detention were challenged, primarily on the ground that the exceptional circumstances and the reasons recorded by the District Magistrate were not communicated to the detenu, the order of detention was held violative of Article 22(5) and the High Court by the impugned order dated June 9, 1987 enlarged the respondents from detention. It is not necessary to go into the other grounds since the reference is on the correctness of the view taken by a Bench of two Judges of this Court in Battis case (supra).