AB MAJID GANAI Vs. STATE OF J&K

JUDGEMENT

(1.) THE detention order impugned in this petition was quashed on 27 -3 -1992, for the following reasons : - i) The impugned detention order was challenged intqralia on the ground that the detenue was an illiterate person and he knows no language except Kashmiri. Despite that the grounds of detention were furnished to him in English language without its translated copy in Kashmiri with the result that he was deprived of his constitutional right to make a representation against his detention. Despite ample opportunity granted to the respondents, they failed to file any counter, with the result that, all the allegations made in the petition on an affidavit have remained unrebutted.

(2.) FROM the perusal of grounds of detention it appears that the detaining authority was well aware of the facts that the detenue was an illiterate person. As a matter of fact in the very first line of the grounds of detention it has been stated that he was an illiterate and Tipper driver by profession. Even then the grounds of detention have been furnished to him in English language which he does not understand. That being so, how could he make a representation against his detention. The detaining authority has willingly and knowingly deprived him of his constitutional right to make, a representation. Under Art 22(5) of the Constitution of India, it was his vested right to make such a representation, which he could make only if at translated copy of the grounds of detention, in his own language, was furnished to him. Not only that the respondents were obliged to provide all other facilities to him so that he could make such a representation is an effective manner.

(3.) IT is beaten law, as held by all High Courts of the country as also by the Supreme Court, that the grounds of detention are to be furnished to the detenue in the language he fully understands, to enable him to make a representation against his detention. In case he does not know the language in which the grounds of detention are couched he is to be provided with a translated copy in a language he under -stands. Nothing of the sort has been done in the present case.