ORDER

On 27th September, 1983 a three Judge Bench of this Court doubted the correctness of the wide observations made in the case of Ram Bali Rajbhar v. The State of West Bengal & Ors.1, and being of the opinion that the view expressed in Pushpa v. Union of India & Ors.2, ran in the teeth of the judgment in Rajbhar s case (supra) referred the matter to a larger Bench. The referring Bench noticing that the detenu had already suffered detention for a period of 10 months out of the 12 months period of detention imposed by the order dated 15th December, 1982, directed the detenu to be released on parole.

2. Mr. Harjinder Singh, learned counsel appearing for the petitioner has taken us through the judgments in Rajbhar s case and Pushpa s case (supra). A careful perusal of both the judgments, however, shows that there is no conflict between the two. The view expressed in Rajbhar s case (supra), in our opinion, lays down the correct law and does not call for any reconsideration. Insofar as the view expressed in Pushpa s case (supra) is concerned it, deserves to be noticed that the learned Single Judge, deciding the petition during the vacation, did not say anything which may be considered as running contrary to the view expressed in Rajbhar s case (supra). On facts it was found in that case that two representations had been made by the detenu against the order of detention and both the representations were placed before the same Advisory Board when it met and the Board considered the representations at that sitting. The argument raised in that case that the second representation had not been considered by an Advisory Board was thus found, on facts, as not valid. The Court, under those circumstances, declined to examine the contention whether personal appearance of the detenu to explain his case before the Advisory Board, since he had filed detailed written representation, infringed any of the rights of the detenu.

3. Learned counsel appearing for the parties have been unable to point out any area of conflict between Rajbhar s case and Pushpa s case. In fairness to the learned counsel it must be noticed that they submitted that the reference does not require to be answered. We agree.

4. Coming, however, to the facts of the present case. It is found that representations had been made by the petitioner against the order of detention which were considered by the detaining authority and the Advisory Board. The representations were rejected. The order of detention and the order of rejection of the representations was challenged through Writ Petition No. 6/1983, which was dismissed by the Delhi High Court on 1st February, 1983. The order of the Delhi High Court was challenged through Special Leave Petition No. 379/1983 in this Court. Together with the Special Leave Petition No. 379/1983, another writ petition, being Writ Petition (Crl.) No. 182/1983, was also filed under Article 32 of the Constitution of India, once again putting in issue the same order of detention which had been uphold by the Delhi High Court. The Special Leave Petition as well as the Writ Petition stood dismissed by a three Judge Bench of this Court on 23rd February, 1983. The petitioner thereafter filed yet another writ petition being Writ Petition (Crl.) No. 363/1983 challenging the order of detention on some "additional grounds". That writ petition was also dismissed by this Court on 27th April, 1983. After dismissal of the third writ petition on 27th April, 1983 the petitioner appears to have sent a representation, on 7th May, 1983, to the first respondent invoking powers under Section 21 of the General Clauses Act read with Section 11 of the COFEPOSA. The petitioner also requested for the constitution of a fresh Advisory Board to consider his representation. On 23rd May, 1983, the representation of the petitioner was rejected by the Delhi Administration after due consideration. This fourth writ petition has been filed thereafter challenging the same order of d