DARBARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant herein was directed to be detained by the District Magistrate, Amritsar, by his order dated June 20, 1972, under Section 3 (1) (a) (i) of the Maintenance of Internal Security Act 1971, as amended by sub-section (6) of Section 6 of the Defence of India Act, 1971. The appellant challenged the order of detention in the High Court of Punjab and Haryana in Criminal Original No. 180-M of 1972. The High Court dismissed the application by its order dated October 5, 1972. The detenu has filed the appeal by special leave.

(2.) Mr. Srinatha Singh, learned counsel for the appellant, challenged the order of detention on two grounds.

(3.) Both these contentions, in our opinion, are devoid of merit. Regarding the first contention, it is seen from the affidavit of the District Magistrate, Amritsar, that the appellant was arrested on June 20, 1972 and directed to be detained under the provisions referred to earlier. The District Magistrate states that the grounds of detention were supplied to the detenu in English and also in Punjabi (Gurmukhi script) on June 23, 1972. According to the District Magistrate, the appellant is a born Punjabi and as such was quite familiar with the Punjabi language. Except saying that the grounds of detention were served on him in a language not known to him, the appellant has not categorically stated as to what was his mother tongue and what language he is familiar with. It is unnecessary to pursue this aspect further in view of the affidavit of the Superintendent, Central Jail, Amritsar, where the appellant was kept under detention. In this affidavit it is stated that the deponent received from the District Magistrate on June 23, 1972, the copies of the grounds in English and Punjabi languages for service on the appellant. The officer has further stated that he served on the appellant on the same date the copies of the grounds, both in English and Punjabi (Gurmukhi script) and they were also read over to him in Punjabi, which is his mother-tongue. The Superintendent further says that the appellant raised no objection that he could not understand the Punjabi language in which the grounds were explained to him. On behalf of the appellant, no reasons have been shown to us for not accepting this statement made on behalf of the respondents. If so, it follows that the appellant's plea that no effective opportunity was furnished to him to make representation, in view of the language difficulty, cannot be accepted.