Parity in Advisory Board proceedings requires equal legal representation for the detenu when the authorities are assisted by officers or counsel.

Parity before the Advisory Board requires that if the detaining authority or the Government is assisted by officers or legal counsel, the detenu must be allowed representation by a legal practitioner as well. The detenu had requested permission to engage counsel and time to do so, but the Advisory Board refused the request while officers of the sponsoring and detaining authorities were present and heard. That denial was treated as a breach of fair hearing and equality under Article 14, and the detention order was stated to be vitiated and liable to be quashed.

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Issues: Whether denial of opportunity to the detenu to be represented by a legal practitioner before the Advisory Board, while the sponsoring and detaining authorities were assisted by officers, vitiated the detention order.

Analysis: The governing principle was that if the detaining authority or the Government takes the aid of a legal practitioner or legal adviser before the Advisory Board, the detenu must be afforded the same facility. The record showed that the petitioner had specifically requested permission to engage counsel and for time to do so, but the Advisory Board refused the request. The counter affidavit also stated that officers of the sponsoring and detaining authorities were present and heard in the proceedings. Denial of equal representation in such circumstances amounted to denial of a fair hearing and a breach of Article 14.

Conclusion: The detention order was vitiated and liable to be quashed; the issue was decided in favour of the petitioner.

Ratio Decidendi: Where the detaining authority or Government is assisted before an Advisory Board by officers or legal assistance, parity requires that the detenu be allowed representation through a legal practitioner, and denial of that facility renders the detention order unsustainable.

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