( 1 ) THIS Court, in the case of Bai Amina v. State of Gujarat, (1981) XXII GLR 1186, considered the nature and extent of the privilege available to the detaining authority, under Sec. 8 (2) of the National Security act not to disclose facts which it considers to be against the public interest to disclose. While this petition came up for hearing before a Division Bench, a contention was raised on behalf of the respondent-authorities that the law laid down by this Court in Bai Aminas case was not good law inasmuch as it is inconsistent with the decision of the Bombay High Court in Balkrishna Kashinath khopkar v. The District Magistrate, Thana, (1956) 58 BLR 614, which decision was a binding decision. The Division Bench was of the view that the point raised by the respondent-authorities is of great public importance and is required to be threshed out once and for all by a larger Bench. Therefore, without expressing any opinion on the point raised, the Division Bench raised the following two questions and referred the same to a Larger Bench :"1. Whether the ratio of the Division Bench decision in Bai Aminas case [ (1981) xxii GLR 1186] lays down that balancing of two rival