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september 1981

Supreme Court of India · 1981-09-15

NAND LAL BAJAJ vs THE STATE OF PUNJAB AND ANR.

Citation / case number
SC 1981/63836
Court
Supreme Court of India
Petitioner
NAND LAL BAJAJ
Respondent
THE STATE OF PUNJAB AND ANR.
Author
A.P. SEN
Bench
A.P. SEN

Judgment text excerpt

The Supreme Court held that while Article 22(3)(b) of the Constitution denies the right to legal counsel for those detained under preventive detention laws, the Advisory Board must consider requests for legal assistance. The Court distinguished the case from Smt. Kavita v. The State of Maharashtra, emphasizing that the Board's independence allows it to devise its own procedures, including the potential for legal representation. The Court found that the denial of legal assistance to the detenu during the Advisory Board proceedings was arbitrary and violated principles of reasonableness under Article 14 and Article 21, leading to the quashing of the detention order.

NAND LAL BAJAJ vs THE STATE OF PUNJAB AND ANR. · Niyam