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    <title>1981 (9) TMI 292 - Supreme Court</title>
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    <description>Preventive detention under the constitutional guarantee of fair procedure cannot proceed on an arbitrary footing. Where the Advisory Board allowed State counsel to appear but denied comparable legal assistance to the detenu, the procedure was unfair and contrary to Articles 14 and 21, even though the detenu had no absolute right to legal representation. The detention was also vitiated because the Board&#039;s record was not forwarded to the State Government, preventing proper application of mind before confirmation. The detention order was therefore invalid and release followed.</description>
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    <pubDate>Tue, 15 Sep 1981 00:00:00 +0530</pubDate>
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      <title>1981 (9) TMI 292 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=169277</link>
      <description>Preventive detention under the constitutional guarantee of fair procedure cannot proceed on an arbitrary footing. Where the Advisory Board allowed State counsel to appear but denied comparable legal assistance to the detenu, the procedure was unfair and contrary to Articles 14 and 21, even though the detenu had no absolute right to legal representation. The detention was also vitiated because the Board&#039;s record was not forwarded to the State Government, preventing proper application of mind before confirmation. The detention order was therefore invalid and release followed.</description>
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      <pubDate>Tue, 15 Sep 1981 00:00:00 +0530</pubDate>
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