9911796707
|
Home
Issues involved: Detention under COFEPOSA Act, 1974 based on grounds in English language without translation provided to detenu.
Summary: The detenu-petitioner was detained under COFEPOSA Act, 1974 by the Central Government, with the grounds of detention being in English language. The detenu, who did not know English, argued that he was not provided with a translated script of the grounds in a language he understood. The Under Secretary to the Government of India contended that the grounds were explained to the detenu by the Prison authorities, but failed to provide specific details or an affidavit supporting this claim. The Under Secretary also argued that since the detenu had signed documents in English, it implied he understood English. However, the Court held that the detenu's lack of English proficiency was clearly stated, and the absence of a translated script of the grounds constituted a violation of Article 22(5) of the Constitution, rendering the detention invalid. Citing the case of Hadibandhu Das v. District Magistrate, Cuttack, the Court allowed the petition and directed the immediate release of the detenu.
|
