VIJAYSINH @ GATTI PRUTHVISINH RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All these petitions are placed before the Larger Bench pursuant to the order dated 17.09.2014 passed by the learned Single Judge directing to refer the matter to the Larger Bench having observed and found that there are diverse judgments by the different Division Benches of this Court i.e. in the case of Mancharam Samaram Meena v. State of Gujarat and Ors. reported in 2013(2) GLH 128 and another decision dated 23.12.2013 of the Division Bench of this Court in the case of Chirag @ Vijay Bhikhubhai Chtrabhuj v. State of Gujarat and 2 Ors. rendered in Letters Patent Appeal No. 1195/2013.

(2.) The aforesaid shows that the learned Single Judge found that there are two different views regarding maintainability of the petitions for challenging the order of detention at preexecution stage by two different Benches of this Court and, therefore, the present reference.

(3.) In order to trace different views of the two Division Benches of this Court in the case of Chirag @ Vijay Bhikhubhai Chitrabhuj v. State of Gujarat (supra) and in the case of Manchharam Samaram Meena v. State of Gujarat (supra), we may be required to examine the reasons recorded therein.