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july 2008

Supreme Court of India · 2008-07-11

STATE OF MAHARASHTRA vs ZUBAIR HAJI QASIM

Citation / case number
SC 2007/4228
Court
Supreme Court of India
Petitioner
STATE OF MAHARASHTRA
Respondent
ZUBAIR HAJI QASIM
Author
ALTAMAS KABIR
Bench
A.K. MATHUR,ALTAMAS KABIR, , ,

Judgment text excerpt

The Supreme Court upheld the Bombay High Court's decision to quash the detention order of Abu Baker Haji Qasim under the COFEPOSA Act, 1974, stating that the Advisory Board's rejection of the detenu's request for legal representation was based on erroneous grounds. The Court emphasized that the right to representation should be considered on its merits, referencing Article 22(3)(b) and Section 8(e) of the COFEPOSA Act, which restricts legal representation before the Advisory Board. The Court concluded that the High Court's ruling was justified and did not violate the provisions of the COFEPOSA Act.

STATE OF MAHARASHTRA vs ZUBAIR HAJI QASIM · Niyam