https://www.taxtmi.com/caselaws?id=277863 Preventive detention under the National Security Act requires a fair and effective opportunity of representation before the Advisory Board; where the State is allowed legally qualified assistance, the detenu must be afforded a comparable facility to avoid hostile discrimination. The Supreme Court's interpretation of these safeguards was treated as binding law under Article 141 and followed. Confirmation of detention under Section 12(1) must rest on a conscious consideration of relevant circumstances existing at the time of confirmation; a mechanical order for the maximum period without proper examination reflects non-application of mind and is inconsistent with constitutional safeguards. en-us Wed, 24 Jul 1985 00:00:00 +0530 Thu, 27 Dec 2018 12:26:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=277863 Preventive detention under the National Security Act requires a fair and effective opportunity of representation before the Advisory Board; where the State is allowed legally qualified assistance, the detenu must be afforded a comparable facility to avoid hostile discrimination. The Supreme Court's interpretation of these safeguards was treated as binding law under Article 141 and followed. Confirmation of detention under Section 12(1) must rest on a conscious consideration of relevant circumstances existing at the time of confirmation; a mechanical order for the maximum period without proper examination reflects non-application of mind and is inconsistent with constitutional safeguards. Case-Laws Indian Laws Wed, 24 Jul 1985 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=277863