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july 2008

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.

State Of Maharashtra & Ors vs Zubair Haji Qasim · Niyam