ABUBAKAR @ BAGLA RAIS ANSARI Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This petition, takes exception to the detention order bearing no.10/PCB/DP/Zone-VI/2013 dated 18th June, 2013 issued under Section 3 (2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates Act, 1981 (hereinafter referred to as 'the said Act') by the Commissioner of Police, Brihan Mumbai against the Petitioner/detenu.

(2.) The Petition raises several grounds for seeking quashing and setting aside of the order of detention. However, in our opinion, it is not necessary to set out all the grounds referred to in the petition, except to refer to ground 5(b) of the Writ Petition, which is reproduced hereinunder :- 5 (b) "The Petitioner says and submits that he is a Muslim by religion and has studied upto Std. VII in Urdu Medium from Municipal Urdu School, Govandi, Mumbai. He is well versed with Urdu language only and able to read, write and understand Urdu script and no other. The Petitioner says and submits that the detaining authority has furnished the grounds of detention to the detenu in English with Hindi translation and all other documents of the compilation. Thus, the Petitioner says and submits that he has not been communicated the grounds of detention in a language known and understood by the detenu. This amounts to noncommunication of grounds of detention, thus violating the first facet of Article 22(5) of the Constitution of India. The Petitioner further submits that since he is not able to understand either English or Hindi. It is therefore, the detenu could not make effective representation to Competent Authority at the earliest, thus violating the second facet of Article 22(5) of the Constitution of India. The Petitioner further submits that his School Leaving Certificate issued by Municipal Urdu School, Govandi, Mumbai, clearly spells out that he knows only Urdu. The Petitioner has also signed his Vakilpatra in Urdu and his other records of the compilation also shows that he is well versed with Urdu language only. Under the circumstances both the facets of Article 22(5) of the Constitution of India is violated. The order of detention is illegal and bad in law, liable to be quashed and set aside. Hereto annexed and marked EXHIBIT 'D' is a copy of the School Leaving Certificate of the detenu".

(3.) In response to the aforesaid ground 5(b), the detaining authority has filed its affidavit. It is stated that the petitioner/detenu has studied upto Std. VII in Urdu Medium from a Municipal Urdu School, Govandi, Mumbai, however the averment that he is well versed in Urdu language only; and is able to read, write and understand only Urdu language is false. It is stated that though the petitioner/detenu has studied upto Std. VII in Urdu Medium from a Municipal Urdu School, Govandi, Mumbai, a letter dated 7th September, 2013 was received from the Head Master of the said School, in which he has stated that all students (of Urdu Medium) of Std. VII are taught all languages i.e .Hindi Marathi and English from standard V. The Detaining Authority has relied upon the said letter dated 7th September, 2013, in support of the same. It is thus stated that according to the letter, the detenu has studied Hindi language and as such has working knowledge of Hindi language. It is further stated that although the petitioner had studied in an Urdu school, speaks and understands Hindi language. It is therefore contended, that the petitioner/detenu was communicated with the grounds of detention in a language known to him and as such there was no violation of Article 22(5) of the Constitution of India.