ZUBAIR HAJI QASIM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Maqsood Khan for the petitioner and the learned APP for the State.

(2.) The petitioner is the brother of the detenu. His advocate raised only one point that even though in his representation to the Advisory Board, he has specifically prayed that he be given opportunity to putforth his case through the legal practitioners, it was not considered. In support of this contention, the learned counsel for the petitioner relied upon a division bench judgment of this court in Kekalwa Samuele kongwa vs. Union of India, reported in 1985 (1) Bom. C. R. 742, wherein it is held and observed by the division bench in para -19 sub-para (6) , as follows :

(3.) Our attention was also drawn to the affidavit of the Advisory Board by the learned Advocate for the petitioner. In that affidavit, the Advisory Board has stated that since the petitioner is brother of the detenu and under the COFEPOSA Act, the detenu is not entitled to be represented through legal practitioner, it was not necessary to consider his prayer. In view of the above said judgment and a specific statement made by the Advisory Board in its affidavit referred to above, we gave liberty to Mr. Mhaispurkar, learned APP, to go through the record and proceedings of the Advisory Board and then we re-heard the matter again.