Case Note & Summary
The petitioner, Sandip Suresh Ghag, challenged an order of detention dated 19 July 2013 passed by the Commissioner of Police, Mumbai under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates Act, 1981 (MPDA Act). The detenu, a Marathi-speaking person, was supplied with a compilation of documents in English along with Marathi translations. However, the Marathi translation of a medico-legal injury report (page 125 of the compilation) was allegedly not true and correct. Specifically, the translation of the 'nature of injury' column contained additions not present in the original English document, the size of the injury (2 cm diameter) was incorrectly translated, and the entire 'remarks column' was omitted. The detenu contended that this impaired his right to make an effective representation under Article 22(5) of the Constitution. The Detaining Authority filed a reply admitting that the 'remarks column' was not furnished but argued that the material details of the injury were provided. The court examined the issue and held that the right to make an effective representation under Article 22(5) is a fundamental right in preventive detention cases. The detenu must be supplied with all documents and grounds in a language he understands, and the translations must be true and faithful. Since the Marathi translation of the injury report was incomplete and inaccurate, the detenu was prevented from making an effective representation. The court quashed the detention order and directed the detenu's release unless required in any other case.
Headnote
A) Preventive Detention - Right to Make Effective Representation - Article 22(5) of the Constitution of India - Non-furnishing of True Translation - The detenu, a Marathi-speaking person, was supplied with an incomplete and incorrect Marathi translation of a medico-legal injury report, a vital relied-upon document. The translation omitted the 'remarks column' and contained inaccuracies in the 'nature of injury' and size of injury. Held that such non-furnishing of a true and faithful translation impairs the detenu's right to make an effective representation under Article 22(5), rendering the detention order invalid. (Paras 1-6) B) Preventive Detention - Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates Act, 1981 - Section 3(2) - Grounds of Detention - Communication of Grounds - The Detaining Authority must communicate all grounds and documents in a language understood by the detenu. Failure to provide a complete and accurate translation of a relied-upon document violates the constitutional safeguard under Article 22(5). (Paras 3-6)
Issue of Consideration
Whether the failure to furnish a true and faithful Marathi translation of a medico-legal injury report, a relied upon document, to the detenu who knows only Marathi, violates his right to make an effective representation under Article 22(5) of the Constitution of India, thereby vitiating the detention order.
Final Decision
The court allowed the petition, quashed the detention order dated 19 July 2013, and directed the detenu's release unless required in any other case.
Law Points
- Right to make effective representation under Article 22(5) of the Constitution of India
- Preventive detention
- Maharashtra Prevention of Dangerous Activities of Slumlords
- Bootleggers
- Drug Offenders
- Dangerous Persons and Video Pirates Act
- 1981
- Section 3(2)
- Non-furnishing of true and faithful translation of relied upon documents
- Impairment of right to make effective representation
