STATE OF MAHARASHTRA Vs. ZUBAIR HAJI QASIM

JUDGEMENT

(1.) Leave granted.

(2.) One Abu Baker Haji Qasim, the brother of respondent No. 1 herein, was placed under detention after his arrest on 10th September, 2 2005, pursuant to an order of detention dated 9th September, 2005, issued by the Principal Secretary (Appeals and Security) to the Government of Maharashtra, specially empowered under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act of 1974 (hereinafter referred to as "the COFEPOSA Act, 1974").

(3.) On 22nd September, 2005, the said Abu Baker Haji Qasim (hereinafter referred to as "the detenu") filed Criminal Writ Petition No.2312 of 2005, through the respondent No. 1 herein, before the Bombay High Court for quashing and setting aside the detention order dated 9th September, 2005. At the same time, in the proceedings, before the Advisory Board, the detenu made a representation for permission to be represented in the proceedings through a legal practitioner. Such representation was, however, rejected by the Advisory Board on 28th October, 2005, on the ground that under the COFEPOSA Act 1974, a detenu was not entitled to be represented by a legal practitioner and consequently it was not necessary to consider such prayer. In fact, the Advisory Board rejected the prayer made on behalf of the detenu for permission to be represented by a legal practitioner upon holding that such prayer could not be considered "for some obvious reasons".