HARBANS LAL vs M.L. WADHAWAN & ORS.

The Supreme Court held that under Section 3(1) of the COFEPOSA Act, 1974, a detenu has the right to lead evidence in rebuttal before the Advisory Board, including the right to examine witnesses. The Court found that the Advisory Board erred in denying the detenu's request to examine five witnesses present during the hearings, rendering the detention order invalid. Consequently, the Court quashed the detention order and directed the immediate release of the detenu, emphasizing the 'trinity of rights' available to a detenu: legal representation, cross-examination, and presenting evidence in rebuttal.