AIBE question and official answer

AIBE III 2012 Question 86

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Question 86 of 100 AIBE III 2012 Set Common

A was arrested and detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The detention order prevented A from meeting A's lawyer more than once a month. A filed a petition challenging the constitutional validity of the detention order, which restricted A from meeting A's lawyer. In light of these facts, which of the following Statements is the most accurate application of the principle below?

  1. A A will succeed because the detention order violates Article 22 of the Constitution of India, as it restricts the right of the accused to consult a lawyer of choice. Official answer
  2. B A will not succeed because the restriction stipulating that A can meet a lawyer once a month is a reasonable restriction.
  3. C A will succeed because A has the right to meet anyone A wants to.
  4. D A will not succeed because A is a detainee and has no fundamental rights.
  5. E A will not succeed because the order of detention is a valid exercise of authority.

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