HIDAYA BANU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE reference to the Full Bench is occasioned on account of two sets of conflicting judgments, all by Division Benches.

(2.) IN H.C.P. No. 1839 of 1999, decided on 19.6.2000, the Division Bench consisting of E. Padmanabhan and R. Balasubramanian, JJ. took the view that when it did not appear from the materials available on record that the detenu was in remand on the date when the detention order was passed and yet, it was asserted in the detention order that the detenu, on the day of passing the detention order, was a remand-prisoner lodged in jail, it only showed non-application of mind on the part of the Detaining Authority and the detention order was vitiated on that count.

(3.) THOUGH the referring-Bench has not specifically formulated the question referred to the Full Bench, the question can be broadly drafted as under: "Whether reference to the fact that the detenu was a remand prisoner lodged in a prison when there was no remand order in fact by a Magistrate and when in fact the detenu was not lodged in prison would vitiate the detention order on account of non-application of minde"