1981 (9) TMI 292 - SC - Indian Laws

Summary

Issues Involved:
1. Validity of the order of detention.
2. Denial of legal assistance to the detenu.
3. Procedure adopted by the Advisory Board.
4. Application of mind by the State Government.

Summary:

1. Validity of the order of detention:
The petition challenges the detention of Inderjit @ Billa u/s 3 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980. The District Magistrate, Ropar, issued the detention order on June 1, 1981, which was approved by the State Government. The detenu was apprehended on June 11, 1981, and served with the order and grounds of detention.

2. Denial of legal assistance to the detenu:
The main contention is that the Advisory Board allowed legal assistance to the State but denied the same to the detenu, which was arbitrary and unreasonable, thus violative of Art. 21 read with Art. 14 of the Constitution. The detenu's request for legal assistance was denied, while the State was represented by multiple legal advisors. This differential treatment was deemed unfair and arbitrary.

3. Procedure adopted by the Advisory Board:
The Advisory Board's procedure was found to be arbitrary as it allowed legal assistance to the State but denied it to the detenu. The Board is expected to act fairly and impartially, ensuring both parties have equal opportunities. The Board's report indicated that the Public Prosecutor participated in the proceedings, contradicting the State's claim that lawyers had no place in the proceedings. The Board's failure to forward its records to the State Government further indicated procedural irregularities.

4. Application of mind by the State Government:
The State Government, while confirming the detention order u/s 12 of the Act, must peruse the report of the Advisory Board and apply its mind to the material on record. The absence of the Advisory Board's record with the State Government indicated a lack of due application of mind, rendering the continued detention of the detenu illegal.

Conclusion:
The Supreme Court quashed the order of detention dated June 1, 1981, passed by the District Magistrate, Ropar, and directed the immediate release of the detenu, Inderjit alias Billa. The petition was allowed on the grounds of procedural unfairness and lack of due application of mind by the State Government.