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Detention order passed under COFEPOSA Act, jurisdiction of the High Court, deprivation of effective representation due to language barrier, violation of constitutional requirement in delivering documents to detenu. Analysis: The judgment involves a detenu challenging his continued detention under a detention order passed by the Government of Kerala under the COFEPOSA Act. The detention order was based on the detenu's involvement in smuggling activities. The petitioner was detained upon his return to India after fleeing the country following an incident of smuggling contraband goods. The detention order was passed in 1984, but the detenu was arrested in 1987. The High Court addressed the preliminary objections raised by the State of Kerala regarding the maintainability of the writ petition, jurisdiction of the court, and the detenu's effective representation. The High Court rejected the objection on maintainability, emphasizing that the previous writ petition's dismissal did not consider the grounds raised in the current petition challenging the detention order's validity. The objection on jurisdiction was also dismissed based on a precedent establishing that both the Bombay and Delhi High Courts have jurisdiction in cases where the detenu has made a representation to the Central Government, which was decided in Delhi. This decision supported the High Court's jurisdiction in the present case. A crucial issue addressed in the judgment was the detenu's claim of being deprived of an effective representation due to a language barrier. The detenu, who understood only Malayalam, was provided documents in English, hindering his ability to comprehend the case against him and make a proper representation. The detaining authority rejected the detenu's request for Malayalam versions of the documents, indicating a lack of consideration for the detenu's language needs. The High Court highlighted the constitutional requirement under Article 22(5) to provide the detenu with grounds of detention and related documents in a language he understands promptly. The failure to meet this requirement was deemed a violation that invalidated the detention order. The State of Kerala argued that no prejudice was caused to the detenu despite the language barrier, citing previous judgments. However, the High Court emphasized strict compliance with legal provisions in preventive detention cases, stating that failure to adhere to these requirements undermines the validity of the detention order. The detenu's inability to understand crucial documents due to the language barrier was considered a significant violation of his constitutional rights, leading to the quashing of the continued detention and ordering his immediate release. The judgment highlighted the importance of procedural safeguards in detention cases and the detenu's right to a fair and effective representation, free from language barriers.
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