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1980 Supreme(SC) 291

S.MURTAZA FAZAL ALI
Nafisa Khalifa Ghanem – Appellant
Versus
Union Of India – Respondent


SYED M.FAZAL ALI, J. (Vacation Judge)

(1) THIS is an application by the wife of the detenu praying that the detenu be released as the order of detention passed against him is illegal. In support of the rule, Mr Ramjethmalani, learned counsel for the detenu submitted three points before me. In the first place it was argued that although the detenu had taken a specific plea in para 17 of the petition and Ground XIII that being an Arab, he did not know English yet the grounds served on the detenu were not explained to him at all in a language which he could understand. In this connection, the allegations in paragraph 17 may be extracted as follows:

THAT the detenu did not understand English nor he knows English. The grounds of detention were not explained to him nor the detention order was explained to the detenu in the language known by the detenu. The detenu can only sign paper in Arabic. He understands only Arabic.

(2) IT is clear from the averment of the detenu that he knew only Arabic and no other language. A similar averment was made in Ground XIII of the petition. This averment was sought to be controverted by the respondents in their reply in p







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