Khanwilkar, C.J. -- 1. These matters have been placed before the Full Bench pursuant to the reference made by the Division Bench in the respective writ petitions.

2. The first reference was made in Writ Petition No.2689/2013 filed by Kheri Gurjar before the Bench at Gwalior (now renumbered as Writ Petition No.13989/2015 at Jabalpur) vide order dated 5.9.2013. The Judges of the Division Bench differed in their views, as a result of which reference to the third Judge became necessary.The question formulated by the Bench reads thus :

“Whether, after considering the provision of section 5(A) of National Security Act and judgment of this Court in Haji Abdul Rajjak v. State of M.P. and others [2012(5) MPHT 111 (DB)], the detention order of the competent authority passed under the NSA Act can be set aside on the basis of earlier view held in this Court’s judgment reported as Tahsildar Singh v. State of M.P. and others [2011(1) MPHT 513 (DB)], wherein, the provision of section 5A of the Act was not considered.”

3. In another writ petition which came up for consideration before the same Division Bench at Gwalior being Writ Petition No.4038/2013 (now renumbered as Writ Petition No.1398