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.