SOHRAB ALI KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner is the father of the detenu one Chand alias Raju Sohrab khan. Having heard learned counsel for the parties we are implicitly satisfied that on account of the discrepancy between the original ground of detention in English and the Hindi translation of the grounds of detention furnished to the detenu, the detenu was prevented from exercising his right of making an effective representation under article 22 (5) of the Constitution of India in respect of the preventive detention order clamped on him by the 2nd respondent Mr. R. H. Mendonca, the Commissioner of Police, Brihan Mumbai, detaining him under sub-section (1) of the section 3 of the Maharashtra Prevention of Dangerous activities of Slumlords, Bootleggers, Drug offenders and Dangerous Persons Act, 1981 (No. LV of 1981) (Amendment -1996 ).

(2.) MRS. Ansari, learned counsel for the petitioner drew our attention to ground to No. 4 (a-xiv) of the grounds of detention which reads thus :

(3.) SHE also drew our attention to the Hindi translation of the said ground of detention (the same being necessary because the detenu did not know English), wherein in place you and your associate Ravi Sharma, in the first line of the ground, it has been mentioned you and your associate Chand Khan. She also drew our attention to the last line of the said ground in English which mentions you availed bail facility on 29-9-1997 and invited our attention to the translation which mentions that the detenu had availed of the bail facility on 1-10-1997.