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october 1988

Supreme Court of India · 1988-10-27

STATE OF ANDHRA PRADESH & ANR. vs BALAJANGAM SUBBARAJAMMA

Citation / case number
SC 1988/70940
Court
Supreme Court of India
Petitioner
STATE OF ANDHRA PRADESH & ANR.
Respondent
BALAJANGAM SUBBARAJAMMA
Author
K. SHETTY
Bench
K.J. SHETTY

Judgment text excerpt

The Supreme Court upheld the High Court's decision to quash the detention order under the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, citing Section 11(4) which denies the right to legal representation before the Advisory Board. The Court emphasized that while the Advisory Board must ensure procedural fairness, the absence of legal representation does not violate Article 22(3)(b) of the Constitution. The Court reiterated the importance of safeguarding individual liberty against arbitrary detention, affirming that the Advisory Board's procedures must not create an appearance of unequal treatment.

STATE OF ANDHRA PRADESH & ANR. vs BALAJANGAM SUBBARAJAMMA · Niyam