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State of Odisha - Section

Section 26 in The Orissa Communal Offenders (Conditions of Detention) Order, 1995

26. Legal advice.

(1)Detenu shall be allowed all reasonable facilities to obtain legal advice. Correspondence in regard to legal advice shall be treated as private matter. In addition to the interviews permissible under Clauses 13 and 14, a detenu may have, with the permission of the Government, interview with his legal practitioner in connection with a pending or contemplated legal proceeding to which the detenu is or will be a party. The interview shall be with the legal practitioner only or with a specified member of a firm of legal practitioners and no other member of the firm shall be allowed to be present. Not more than one such interview shall ordinarily be allowed in connection with a contemplated legal proceeding before the proceeding is instituted. All such interviews shall take place on the premises in which the detenu is confined and shall be subject to such conditions and restrictions as the Superintendent may consider necessary to ensure security and prevent the passing of unauthorised communications unconnected with the detention.
(2)In addition to the interviews permissible under Sub-clause (1) above and Clauses 13 and 14 a detenu shall be allowed with the permission of the Government an interview with a legal practitioner or any other person of his choice for the purpose of drafting his representation against his detention.