Effective representation before Advisory Board requires real time and fair opportunity to produce witnesses and assistive representation.

The detenu's right under Article 22(5) to make an effective representation before the Advisory Board includes a meaningful opportunity to be assisted by a non-legal friend and to produce witnesses in rebuttal. Although the Board may regulate its procedure, that procedure must still ensure procedural fairness and equal opportunity. A notice issued at 8.30 a.m. requiring the detenu to decide and act within about one hour was held insufficient to provide a full and proper opportunity. The possibility of seeking adjournment did not cure the inadequacy of the opportunity already afforded, and the detention could not be sustained.

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Issues: Whether the detenu was denied a meaningful and sufficient opportunity to exercise his constitutional right to be represented and to produce witnesses before the Advisory Board, so as to render the detention invalid.

Analysis: The right of a detenu to make an effective representation before the Advisory Board, including the facility of being assisted by a non-legal friend and of producing witnesses in rebuttal, is a vital safeguard under Article 22(5) of the Constitution of India. The statutory scheme governing the Advisory Board permits it to regulate its procedure, but that procedure must still satisfy procedural fairness and preserve equal opportunity. A notice served at 8.30 a.m. and requiring the detenu to decide and act upon such important rights within about one hour did not provide a full, sufficient, or proper opportunity. The circumstance that the detenu could have sought adjournment did not cure the inadequacy of the opportunity already afforded.

Conclusion: The detenu was not given a fair and sufficient opportunity to exercise the right of representation and to adduce evidence before the Advisory Board, and the detention order could not be sustained.

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