#COFEPOSA Act

The Supreme Court has ruled that under COFEPOSA, a detenu has no automatic right to legal representation before the Advisory Board unless the state appears through a lawyer. This creates a procedural imbalance that undermines the fairness of preventive detention reviews and affects thousands of detainees subject to executive discretion without judicial safeguards.

Delhi High Court holds that preventive detention orders under COFEPOSA cannot be challenged before execution if the detenue has absconded, reinforcing the principle that law-breakers cannot profit from their own wrongdoing.