JUDGMENT - A.M. BHATTACHARJEE, C.J.:---The order of reference which has occasioned the constitution of this Full Bench has been passed by Mohta, J., sitting with Bahuguna, J., and the three questions which have been referred to for the consideration of this Full Bench are as under:-

(1) Has the specially empowered officer under the COFEPOSA Act also an independent power to revoke the order of detention in view of section 11 of the COFEPOSA Act read with section 21 of the General Clauses Act?

(2) Are observations in (Amir Shad Khan v. L. Hminglana)1, A.I.R. 1991 S.C. 1983, regarding power of revocation of specially empowered officer under the COFEPOSA Act not binding on this Court?

(3) Does failure to take independent decision on revocation of order of detention by the specially empowered officer under the COFEPOSA Act and merely forwarding the same with recommendation to reject, result in non-compliance with constitutional safeguard under Article 22(5) of the Constitution.

2. We have heard very interesting arguments advanced by Mr. Karmali for the petitioner, by Mr. Agrawal for the Union of India and by Mrs. Ranjana Desai for the State of Maharashtra and while we have derived considera

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