(1.) Besides deciding instant petition, challenging the order of preventive detention of the petitioner, passed under the provisions of the National Security Act, 1980 hereinafter called the 'Act,' on merits, the principal agenda of this Full Bench is to answer the following question posed by a Division Bench-
(2.) On merits, the petition has already been allowed with the direction to set the petitioner at liberty forthwith, if not required to be detained in any other case, vide order of the Court dated 4/12/1998. The said order did not give reasons in its support on that day. According to the order, the reasons were to be given later on. The reasons are now given in the judgment of Hon'ble R. R. K. Trivedi, J. Thus, it is not necessary to dilate the discussion on merits of the case. The judgment also beams light on the question of law referred to the Full Bench. Assenting to it instant additament purports to focus attention on the question framed by the Division Court to crystallise and fortify the erudite conclusion arrived at by Hon'ble R. R. K. Trivedi, J.
(3.) Taking note of the fact that "the prevailing situation of communal disharmony, social tensions, extremist activities, industrial unrest and increasing tendency on the part of various interested parties to engineer agitation on different issues; and that "the anti-social and anti-national elements including secessionist, communal and pro-caste elements and also other elements who adversely influence and affect the services essential to the community pose a grave challenge to the lawful authority and sometimes even hold the society to ransom, "the legislature considered it necessary that the law and order situation in the country is tackled in a most determined and effective way; and further, "considering the complexity and nature of the problems, particularly in respect of defence, security, public order and services essential to the community," the legislature found it imperative to arm the appropriate Government with powers of preventive detention for dealing with the given situation effectively. Thus, the Act was enacted.
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