LAWS(SC)-1972-10-21

MURALIDHAR MALLA Vs. STATE OF WEST BENGAL

Decided On October 12, 1972
MURALIDHAR MALLA Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) By his order, dated October 26, 1971, the District Magistrate, Burdwan directed the detention of the Petitioner under sub-sec. (1) read with sub-sec. (2) of Section 3 of the Maintenance of Internal Security Act, 26 of 1971 on the ground that it was necessary to detain him with a view to preventing him from acting in a manner prejudicial to the maintenance of public order. In pursuance of the said order the petitioner was arrested on November, 1, 1971 and detained in Burdwan Jail.

(2.) The grounds of detention served on the petitioner at the time of his arrest ran as follows :

(3.) The second ground urged by counsel was that the petitioner is a Hindi-speaking person, that although a translation of the grounds was served upon him, it is not known in what language the grounds were translated. If such language was other than Hindi, it was futile to serve such a translation. The petitioner, therefore, would be unable to understand the grounds and would not be able to make an effective representation against his detention. We have ascertained from the files produced by counsel for the State that the translation served on the petitioner was in Hindi and therefore the petitioner can have no grievance on that score.