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Issues:
1. Validity of detention order under the Maintenance of Internal Security Act, 1971. 2. Communication of Advisory Board's decision to the detenu. 3. Application of mind by the District Magistrate in making the detention order. Analysis: Issue 1: Validity of detention order under the Maintenance of Internal Security Act, 1971 The petitioner was detained under the Maintenance of Internal Security Act, 1971, based on incidents involving the use of weapons to coerce individuals. The detention order was challenged on grounds of legality. The Supreme Court noted that the Advisory Board's decision was not required to be communicated to the detenu under the Act. The State Government confirmed the detention order based on the Board's report, indicating sufficient cause for detention. The Court emphasized that the Board's advisory opinion is binding only if it favors the detenu, and the communication of confirmation by the State Government sufficed to inform the petitioner of the Board's opinion against him. The Court upheld the detention based on these considerations. Issue 2: Communication of Advisory Board's decision to the detenu The Court clarified that the Advisory Board's role is advisory, and its opinion is confidential except for the part specifying its opinion. There is no legal obligation for the Board to communicate its decision to the detenu. The Board's opinion is intended to assist the appropriate Government in confirming or revoking the detention order. The Court held that the detenu cannot challenge the advisory opinion before any tribunal. The communication of the State Government's confirmation informed the detenu of the Board's opinion against him. Issue 3: Application of mind by the District Magistrate in making the detention order The District Magistrate's use of the disjunctive "or" in the detention order raised concerns about the clarity of grounds for detention. Citing a previous case, the Court found that the Magistrate's order lacked precision and mirrored language from the Act without clear reasoning. The Court noted that the Magistrate did not distinguish between different statutory provisions, leading to an erroneous order. As the case was directly covered by a precedent, the Court set aside the detention order, directing the petitioner's release. In conclusion, the Supreme Court upheld the detention order's validity under the Maintenance of Internal Security Act, emphasized the non-requirement of the Advisory Board to communicate its decision to the detenu, and found flaws in the District Magistrate's application of mind, leading to the petitioner's release based on a lack of clarity in the detention order.
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