RAMZAN KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this Habeas Corpus Petition filed under Article 226, petitioner Ramzan Khan through his father Bhai Khan has challenged the order of detention dated 27-6-1999 passed under sub-section (2) of Section 3 of the National Security Act, 1980, hereinafter referred to as "the Act", and the orders of the State Government dated 6-7-99 and 13-8-99 confirming the order of detention.

(2.) It is alleged that the petitioner is a resident of village Kishangarh, District Jaisalmer, which is situated at Indo-Pak International Border. His activities have been anti national. There has been entry in the Crime Note Book of village Nachna and record in the history sheet of the file of the petitioner where there has been mention of the fact that he has been indulging in spying activities and sending information of public importance to the Intelligence Agencies of the Pak through telephone etc. There is an adverse report in the C.I.D. (B.I.) report Intelligence and report sent by the C.I.D. (SSB), Jaipur and also the B.S.F., G. Branch report, received from the Home Ministry, Govt. of India. By order dated 6-7-99, the State Government has confirmed the order of detention passed by the District Magistrate, Jaisalmer. By order dated 13-8-99, the petitioner has been directed to be detained for the period 27-6-99 to 26-6-2000.

(3.) Learned counsel Mr. L. D. Khatri appearing for the petitioner has challenged the detention order primarily on the ground that there is violation of the constitutional right of the petitioner as enshrined in Article 22(5) of the Constitution of India, inasmuch as that the photo copy supplied to the petitioner as M-1 is in English language. The translation of the said document has not been supplied to the petitioner. Thus, the petitioner has been deprived of making effective representation to the higher authorities. Learned counsel for the petitioner has placed reliance on two decisions of the Apex Court viz., Kubic Dariusz v. Union of India reported in AIR 1990 SC 605 : (1990 Cri LJ 796) and Powanammal v. State of Tamil Nadu, reported in 1999 Cri LJ 831 : (AIR 1999 SC 618).