Supreme Court of India · 2008-07-11
State Of Maharashtra & Ors vs Zubair Haji Qasim
- Citation / case number
- AIR 2008 SUPREME COURT 2825
- Court
- Supreme Court of India
- Petitioner
- State Of Maharashtra & Ors
- Respondent
- Zubair Haji Qasim
- Author
- Altamas Kabir
- Bench
- Altamas Kabir, A.K. Mathur
Judgment text excerpt
The Supreme Court upheld the provisions of Article 22(3)(b) of the Constitution and Section 8(e) of the COFEPOSA Act, 1974, affirming that a detenu is not entitled to legal representation before the Advisory Board. The Court found that the Bombay High Court's decision to quash the detention order was based on an erroneous interpretation of the law regarding legal representation. Consequently, the Supreme Court reversed the High Court's ruling, reinforcing the statutory framework governing preventive detention.