SHAIKH JAVED SHAIKH AYYUB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri D. S. Bharuka, learned Counsel for the petitioner and Shri P. B. Varale, learned A. P. P. for the respondent.

(2.) Through this Criminal Writ Petition, preferred under Article 226 of the constitution of India, petitioner Shaikh Javed s/o Ayyub Khan, who is a detenu, has impugned the detention order dated 7-6-2006, passed by respondent No. 2, the Commissioner of Police, Aurangabad, detaining the detenu under sub-section (1) of section 3 of the Maharashtra Prevention of Dangerous Activities of slumlords, Bootleggers, Drug-offenders and Dangerous Persons Act, 1981 (hereinafter referred to as 'the M. P. D. A. Act' ).

(3.) We have heard learned Counsel for the parties. In this petition, Counsel for the petitioner has pleaded large number of grounds running from Ground nos. 4, 5, 8, 9 and 10. In that also, the learned Counsel for the petitioner has mainly pressed into service a solitary ground, namely that pleaded as ground No. 9. This ground No. 9, in short, is that the petitioner is an uneducated person. He studied in Urdu medium upto fourth standard only. The petitioner does not know reading, writing or understanding Marathi language. The petitioner simply signs in Marathi. The respondent No. 2 was very well aware of this fact, but even then, respondent No. 2 submitted and supplied/furnished all the documents and orders to the petitioners in English and Marathi languages. This has resulted into denial to make effective representation under Article 22 (5) of the Constitution of India. The learned Counsel for the petitioner, after pointing out from the record that the translation of the documents, including the detention order and grounds of detention, in Marathi language has been supplied to the petitioner when the petitioner is not knowing Marathi language. He has only signed in Marathi language.