( 1 ) A Division Bench of this Court consisting of two of us (S. B. Majmudar and B. S. Kapadia JJ ) by an order dated January 1988 referred the following question for decision of a larger bench:"whether Rule 13 (xi) of the Gujarat Conditions of Detention (PASA) Order 1985 as it stood at the relevant time to the extent to which it provided interview to the detenu by a legal practitioner subject to the permission of the State Government was unconstitutional and invalid on the ground that it violated Arts. 14 21 and 22 (5) of the Constitution of India. "accordingly papers of this matter were placed before the learned Chief Justice for making reference to the larger bench. This matter has now been placed before us for resolving the aforesaid question.

( 2 ) IN order to appreciate the contours of controversy centering round the aforesaid question it will be necessary to have a quick glance at a few introductory facts leading to this reference.

( 3 ) INTRODUCTORY facts: The petitioner who is the detenu under the provisions of the Gujarat Prevention of Anti-Social Activities Act 1985 (hereinafter referred to as PASA) has challenged the order of his detention dated 1-7-19