S.MURTAZA FAZAL ALI
Nainmal Partap Mal Shah – Appellant
Versus
Union Of India – Respondent
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JUDGMENT
S. M. FAZAL ALI, J. (Vacation Judge) :— The detenu-petitioner in this case was detained by an order dated 4th of March, 1980 of the Central Government under the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The only point argued before me by learned counsel for the detenu is that the grounds of detention furnished to the detenu were in English language which he did not know or understand and no translated script was supplied to him. This averment is clearly made in para 21 (Grounds) of the Petition, the relevant portion of which may be extracted thus:
"That the detenu was served with order of detention and grounds thereof in English. The detenu does not know English and therefore, the detenu could not understand the said grounds of detention nor he was given any copy of the grounds of detention, duly translated in vernacular language. It was the duty of the detaining authority to have supplied the detenu in a regional language or at least in Hindi".
2. Controverting this allegation, the Under Secretary to the Government of India stated that the grounds were explained to the detenu by the Prison authorities. In the
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