(1.) A Division Bench of this Court noticed a conflict of opinion in the judgments of the Court delivered in Ram Lal v. State of U.P.,2000 41 ACC 1715 and in Idrish v. Secretary, Ministry of Home Affairs, Government of India, New Delhi and Ors.,2002 44 ACC 1117 and has referred the following questions to be considered by a Larger Bench:
(2.) The maximum period of detention of the petitioners has long expired and thus the questions raised before us so far as the petitioners are concerned have become academic in nature. We are, however, deciding them as these questions may arise, in the habeas corpus petitions to be decided in future.
(3.) The relevant facts giving rise to the questions posed before us, as narrated by the Division Bench in referring the order dated 22.4.2003 are as follows: