TAKHELLAMBAM ONGBI MOMBI DEVI Vs. STATE OF MANIPURHERS

JUDGEMENT

(1.) One Sorokhaibam Ibohal Singh was detained under Section 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter 'the Act') under the order of the Secretary (Home) to the Government of Manipur passed on 18-6-1990. His detention has been challenged by his mother-in-law Smt. Takhollambam Ongbi Mombi Devi by filing this habeas corpus petition on the ground, inter alia, that the detention is vitiated due to the failure of the detaining authority to furnish the grounds of detention and relevant documents to the detenu in the language known to him.

(2.) The case of the petitioner is that the detenu is a Manipuri and he can only read and write Manipuri language. He is not familiar with English. Two days after his detention, on 20-6-1990, he was furnished with the grounds of detention and the relevant documents running into 33 pages. All those were in English. As the petitioner did not know English, he was unable to understand the contents thereof and, as such, could not make any representation. He was thereby deprived of the constitutional safeguard under Article 22(5) of the Constitution.

(3.) The respondents, in their counter do not deny that the grounds of detention and the documents running into 33 pages were furnished to the detenu in English. They also do not dispute that the detenu did not know English. This is also borne out from the history sheet of the detenu which is on record. The only contention of the State in this regard is that at the time of furnishing to the detenu, all those documents were explained to him in Manipuri. That according to the respondents should be treated as sufficient compliance of the requirements of the law in regard to communication of the grounds to the detenu.