Summarize the following court judgment. SDICTION: Writ Petition (Criminal) No.248 of 1988. (Under Article 32 of the Constitution of India). WITH Special Leave Petition (Crl.) No. 1492 of 1988. From the Judgment and Order dated 29.4.88 of the Gujarat High Court in Special Criminal Application No. 886 of 1986. U.R. Lalit	 M.G. Karmali	 J.B. Patel and K.M.M. Khan for the petitioner in W.P. Crl. No. 248/88 and S.L.P. (Crl.) No. 1492/88. T.U. Mehta	 Mrs. Hemantika Wahi and M.N. Shroff for the State of Gujarat in W.P. Crl. No. 248/88 and S.L.P. (Crl.) No. 1492/ 88. 869 Kuldip Singh	 Additional Solicitor General C.V.S. Rao and A. Subba Rao for the Respondents in W.P. Crl. No. 248/88 and S.L.P. (Crl.) No. 1492/88. The following Orders of the Court were delivered: PATHAK	 CJ. This writ petition under Article 32 of the Constitution and the Special Leave Petition under Article 136 of the Constitution arises out of proceedings for pre ventive detention taken under the . One of the substantial points which arises in these cases is whether the period of detention is a fixed period running from the date specified in the detention order and ending with the expiry of that period or the period is automatical ly extended by any period of parole granted to the detenu. In case where the High Court allows a habeas corpus petition and directs the detenu to be released and in consequence the detenu is set free	 and thereafter an appeal filed in this Court results in the setting aside of the order of the High Court	 is it open to this Court to direct the arrest and detention of the detenu if meanwhile the original period of detention intended in the detention order has expired? Four decisions of this Court have been placed before us in sup port of the contention that the period of detention intended by the detention order is not	a fixed period but can be correspondingly extended if the detenu absconds before he can be apprehended and detained or the period of detention is interrupted by an erroneous judgment of a High Court and the detenu is set free. Those cases are State of Gujarat vs Adam Kasam Bhaya; 	 ; State of Gujarat vs Ismail Juma & Ors.	 ; ; Smt. Poonam Lata vs M.L. Wadhawan and others	 A.I.R. 1987 SC 1383 and Pushpa devi M. Jatia vs M.L. Wadhavan	 ; We find some difficulty in accepting the view taken by the learned Judges of this Court who decided those cases. It seems to us prima facie that what is important is that we are concerned with cases of preventive detention	 cases where the detain ing authority is required to apply its mind and decide whether	 and if so for how long. 	 a person should be de tained. It is preventive detention and not putative deten tion. Preventive detention invariably runs from the date specified in the detention order. In the case of punitive detention	 no date is ordinarily specified from which the detention will commence	 and all that is mentioned is the period of detention. In case of preventive detention the detaining authority applies it subjective judgment to the material before it and determines what should be the period for which the detenu should be detained	 that is to say	 the period during which he should be denied his liberty in order to prevent him from 870 engaging in mischief. It seems to us prima facie that one possible view can be that if parole is granted the period of parole should be counted within the total period of deten tion and not outside it. As regards the problem raised by the release of a detenu pursuant to an erroneous decision of the High Court	 and the subsequent reversal of that decision by this Court	 the remedy probably lies in the enactment of legislation analogous to section 5(1) and section 15(4) of the Admin istration of Justice Act	 1960 in the United Kingdom. The question is an important one affecting as it does on the one hand the need for effective measures of preventive detention and on the other the liberty of the subject and his fight to freedom from detention beyond the period intended by the statute. As the matter is of great public importance	 and most cases of preventive detention are bound to be affected	 we refer these cases to a Bench of five Hon 'ble Judges for reconsideration of the law on the point. ORDER Although I agree with the view expressed in the State of Gujarat vs Adam Kasam Bhaya	 ; and the other cases mentioned in the order of the learned Chief Justice	 I agree that in view of the great public importance of the point involved	 these cases may be heard by a Bench of five Hon 'ble Judges.

The petitioner filed a writ petition and a special leave petition challenging the detention order passed under the . It was contended on behalf of the respondents that the period of detention intended by the detention order was not a fixed one but could be correspond ingly extended if the detenu absconded before he could be apprehended and detained or the period of detention was interrupted by an erroneous judgment of a High Court and the detenu was set free. Referring the cases to a larger Bench	 this Court	 HELD: By the Court. ' As the matter is of great public importance	 these cases are referred to a Bench of five Judges of this Court. [870C] Per Pathak	 C J: Preventive detention invariably	 runs from the date specified in the detention order	 and the period of deten tion is determined by the detaining authority	 applying its subjective judgment to material before it. [869G H] In the case of grant of parole	 one possible view can be that the period of parole should be counted within the total period of detention and not outside it. As regards the problem raised by release of a detenu pursuant to an errone ous decision of the High Court	 and the subsequent reversal of the decision by the Supreme Court the remedy probably lies in the enactment of legislation analogous to section 5(1) and section 15(4) of the 868 Administration of Justice Act	 1960 in the United Kingdom. [870A B] As the question is of great public importance affecting	 on the one hand	 the need for affective measures of preven tive detention and	 on the other	 the liberty of the subject and his right to freedom from detention beyond the period intended by the statute	 and since most cases of preventive detention are bound to be affected	 these cases are referred to a five Judge Bench for reconsideration of the law on the point. [870B C] State of Gujarat vs Adam Kasam Bhaya	 ; ; State of Gujarat vs Ismail Juma & Ors.	 ; ; Smt. Poonam Lata vs M.L. Wadhawan and Others	 AIR 1987 SC 1383 and Pushpadevi M. Jatia vs M.L. Wadhavan	 ; ; dissented from. Per Sharma	 J (Concurring): In view of the great public importance involved	 these cases may be heard by a five Judge Bench. [870E] State of Gujarat vs Adam Kasam Bhaya	 ; ; State of Gujarat vs Ismail Juma & Ors.	 ; ; Smt. Poonam Lata vs M.L. Wadhawan and Others	 AIR 1987 SC 1383 and Pushpadevi M. Jatia vs M.L. Wadhavan	 ; ; affirmed.