SANJU DORA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is a habeas corpus petition by the wife of a detenu under Section 3, of the National Security Act 1980. (The Act).

(2.) The impugned order of detention dated 6-3-1994 is based on various grounds including the two recent incidents dated 5-3-1994 and 23-2-1994 and the past incidents of various dates from 15-2-1986 to 11-2-1994. They all relate to the criminal and antisocial activities of the detenu-Biswanath Dora.

(3.) The order of detention is challenged on various grounds including non-supply of translation of certain documents, such as, charge-sheets, written in English, in Oriya, the only language known to the detenu, thereby seriously prejudicing his constitutional as well as statutory right of representation. Undisputed position is that copies of some charge-sheets for various offences referred to in the grounds of detention and supplied to the detenu are in English and their translation in Oriya has not been supplied though translation of some charge-sheets in Oriya has been supplied. The only justification put forth by the learned advocate for the State is that the charge-sheets, translation of which is not supplied, are pertaining to the old incidents, which are merely in the nature of preamble and are not the grounds of detention and hence non-supply of translated copies of those documents does not vitiate the order of detention.