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.
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 number entitled to be represented by a legal practitioner and companysequently it was number necessary to companysider 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 companyld number be companysidered for some obvious reasons.
742 C.R. 742 allowed the writ petition and quashed the detention order holding that the prayer of the detenu for permission to be represented by a legal practitioner was number rejected after proper companysideration but on erroneous grounds.
When the writ petition came up for hearing, the High Court upon companysidering the submissions made on behalf of the respective parties and upon placing reliance on a Division Bench Judgment of the Bombay High Court in Kekalwa Samuele Kongwa vs. Union of India 1985 1 Bom.
The said judgment and order of the Bombay High Court allowing the writ petition and quashing the detention order is under challenge in this appeal.
ALTAMAS KABIR,J. Leave granted.
One Abu Baker Haji Qasim, the brother of respondent No.1 herein, was placed under detention after his arrest on 10th September, 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 .
