Preventive detention safeguards require opportunity to examine witnesses before the Advisory Board; denial vitiates the detention order.

A detenu's written request to examine named witnesses before the Advisory Board, when ignored, deprives him of the right to rebut the detention grounds through a recognised constitutional safeguard. The text states that the right to be represented and to examine witnesses in advisory-board proceedings is part of the protective procedure in preventive detention matters. On that basis, refusal to allow the requested witnesses is treated as a fatal procedural defect and the detention order is vitiated.

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Issues: Whether denial of the detenu's request to examine witnesses before the Advisory Board vitiated the detention order under the preventive detention ?

Analysis: The detenu had made a written request before the Advisory Board to examine named witnesses in rebuttal of the grounds of detention. The request was not granted and the witnesses were not examined. A detenu has a right to be represented and to examine witnesses in rebuttal of the allegations made against him. Where such a written request is ignored, the detenu is deprived of a valuable constitutional safeguard in the advisory-board proceedings.

Conclusion: Yes. The denial of the request to examine witnesses vitiated the detention order and the petition succeeded.

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