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1981 Supreme(SC) 424

BAHARUL ISLAM, A.P.SEN
Nand Lal Bajaj – Appellant
Versus
State Of Punjab – Respondent


Advocates:
KAPIL SIBAL, M.S.Dhillon, O.P.Sharma, R.K.HANDA, R.K.Khindria, Ramesh C.Pathak, SUBHASH SHARMA

Judgment

SEN, J.:- This is a petition under Article 32 of the Constitution by one Nand Lal Bajaj for the issuance of a writ of habeas corpus for the release of his son, Inderjit alias Billa, who has been detained by an order of detention passed by the District Magistrate, Ropar, under Section 3 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 (hereinafter called the Act), on being satisfied that his detention was necessary with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies of commodities essential to the life of the community.

2. Various grounds have been taken challenging the validity of the order of detention, but it is not necessary for us to deal with them all as the view that we take on one of them is sufficient to dispose of the petition. The main contention is that the procedure adopted by the Advisory Board in allowing legal assistance to the State and denying such assistance to the detenu was both arbitrary and unreasonable and thus violative of Article 21 read with Article 14 of the Constitution.

3. First as to the facts. On June 1, 1981, the District Magistrate passed an order































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