Preventive detention hearing rights: denial of a detenu's request to examine rebuttal witnesses vitiates continued detention.

A detenu under preventive detention law is entitled to make a specific written request before the Advisory Board to produce witnesses in rebuttal, and denial of that opportunity violates the right of hearing. The Court applied preventive detention jurisprudence recognising that a detenu may lead oral and documentary evidence and keep witnesses present for examination, even though the Board is not required to summon them. On the facts, the detenu had expressly sought permission to produce witnesses, but that request was not afforded consideration. Continued detention was therefore unsustainable.

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Issues: Whether a detenu, having made a written request before the Advisory Board to produce witnesses in rebuttal, is entitled to examine those witnesses and whether denial of that opportunity vitiates the detention.

Analysis: The detention was founded on the National Security Act, 1980 and was confirmed after reference to the Advisory Board. The decisive question was whether the detenu had been denied the procedural right recognised in preventive detention jurisprudence to lead rebuttal evidence before the Advisory Board. The Court relied on the Constitution Bench ruling recognising that a detenu may offer oral and documentary evidence and may keep witnesses present for examination, though the Board is not obliged to summon them. The Court also relied on the later decision granting relief where a written request to examine witnesses present outside the Board room was not considered, and distinguished the contrary passage in Vijay Kumar on its facts. On the record, the detenu's representation specifically sought permission to produce witnesses, and failure to afford that opportunity meant the detention could not lawfully continue.

Conclusion: The detenu had the right to examine the witnesses kept ready by him before the Advisory Board, and denial of that opportunity rendered the continued detention unsustainable.

Ratio Decidendi: Where a detenu makes a specific written request before the Advisory Board to produce witnesses in rebuttal, denial of that opportunity violates the detenu's right of hearing in preventive detention proceedings and vitiates continued detention.

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