RAJENDRAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The question referred to the Full Bench by the Division Bench consisting of V. S. Sirpurkar and D. Murugesan, JJ. reads as follows :-

(2.) As per the orders by My Lord, the Chief Justice, the Full Bench has been constituted to decide the said question. One Rajendran, claiming to be the friend of Saravanan alias Kumar alias Lakshmanan alias Mathayan alias Babu and Jayaprakash alias J. P. alias Siva alias Karmuhil alias Arul alias Ramesh alias Madhiyan alias Koolaiyan, has filed these two petitions praying that the order of detention passed against them by the District Collector-cum-District Magistrate, Erode under the National Security Act is illegal and to direct the respondents to produce both the detenus before this Court and set them at liberty.

(3.) The reference to the Full Bench has been made by the learned Judges of the Division Bench in H.C.P. No. 1646 of 1999. Since the question of law raised is the same, in the other H.C.P. namely, H.C.P. No. 1681 of 1999, both the H.C.Ps. have been taken up together for consideration. It is unnecessary to go into the details of the facts leading to the detention of both Saravanan and Jayaprakash. Suffice it to say that on the averments made by the detenus, three contentions were raised by the learned counsel for the detenus, Mr. Sankarasubbu. The Division Bench has rejected the first two contentions as without merit. The reference had been made only on the third contention, which is extracted below :-