K VEERAMANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE person, who has been detained as a goonda and against whom there are numerous adverse cases as set out in the detention order, which if established in Courts after due trial will result in punishment of great severity and who has also been involved in a ground case of attempt to murder, all of which will cumulatively justify his being labelled as a goonda, has now to be released on the short ground that the translation of the detention order given to him in Tamil, the only language which he knows, omits to set out a whole paragraph of the original order, which is made in English.

(2.) THE omitted portion reads thus:

(3.) "Communicating" the grounds of detention is not the same as supplying the copies of the documents on which the Detaining Authority relies upon, or the documents to which reference is made in the detention order, nor is the furnishing of the "grounds" the same as making available to the detenu, documents that the detenu may ask for the purpose of making an effective representation even where such documents have not been relied upon or referred to in the order of detention. The detenu is entitled as of right to the whole of the contents of the detention order. Minor or trivial mistakes may be overlooked, but the omission to set out what the detaining authority had done in relation to documents to which he had given consideration, had formed the opinion thereon, and had recorded that opinion especially when that opinion is against the detenu must necessarily be communicated as part of the grounds to the detenu. The question of prejudice or lack of it does not arise for consideration where the obligation to communicate the whole of the grounds of detention is breached.