Section 16 in The Jammu And Kashmir Public Safety Act, 1978
16. Procedure of Advisory Board.-
(1)The Advisory Board shall, after considering the material placed before it and, after calling for such further information as it may deem necessary from the Government or from the person concerned and if in any particular case it considers it essential to do so or, if the person concerned desires to be heard, after hearing him in person, submit its report to the Government within eight weeks from the date of detention.(2)Notwithstanding anything contained in sub-section (1), the Board may, if the person detained so demands, at any time before submitting its report, after affording an opportunity to the person detained and the Government or the officer, as the case may be, of being heard, determine whether the disclosure of facts, not disclosed under sub-section (2) of section 13 to the person detained, is or is not against public interest. Such finding of the Board shall be binding on the Government.(3)The report of the Advisory Board shall specify in a separate part thereof the opinion of the Advisory Board as to whether or not there is sufficient cause for the detention of the person concerned.(4)When there is a difference of opinion among the members forming the Advisory Board, the opinion of the majority of such members shall be deemed to be the opinion of the Board.(5)Nothing in this section shall entitle any person against whom a detention order has been made to appear by any legal practitioner in any matter connected with the reference to the Advisory Board and the proceedings of the Advisory Board and its report, excepting that part of the report in which the opinion of the Advisory Board is specified, shall be confidential.
