SM PUSPA SONI Vs. STATE

JUDGEMENT

(1.) This application for Writ of Habeas Corpus has been filed by one Sm. Puspa Soni, wife of the detenu Sri Murari Lal Soni who had been detained under the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, in terms of an order of detention dated 1-11-95 issued by the Joint Secretary to the Government of India, as contained in Annexure 'A' to the writ application.

(2.) According to the petitioner, the detenu had read up to Class II and does not know English. The authorities appear to have also accepted the said fact and along with the documents relied upon in the order of detention Hindi translation thereof had been served upon the detenu. In the writ application, the petitioner has raised various contentions, but keeping in view the facts and circumstances of this case, we are of the opinion that this writ application can be disposed of only on one ground.

(3.) It is admitted that the detenu was served with the grounds of detention in Hindi language as well as in English language on 13-11-95. According to the detenu, many pages in the grounds of detention both in Hindi and English were illegible and there existed a lot of discrepancy in the English grounds of detention and Hindi grounds of detention. It was the further contention of the petitioner that Hindi grounds of detention served upon the detenu was not complete.