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1996 Supreme(Bom) 209

VISHNU SAHAI, R.G.VAIDYANATHA
Surenderakumar Ganeshilal Rajoria – Appellant
Versus
Satish Sahney, Commissioner of Police, – Respondent


JUDGMENT - VISHNU SAHAI, J. :---Heard Mr. U.N. Tripathi for the petitioner, Mr. S.R. Borulkar for respondent Nos. 1 and 2 and Mr. H.V. Mehta for respondent No. 3.

By means of this writ petition preferred under Article 226 of the Constitution of India, the petitioner (detenu) impugns the detention order dated 27th September, 1995 passed by respondent No. 1 Commissioner of Police, Greater Bombay (now Mumbai) detaining him under the National Security Act.

2.The prejudicial activities of the detenu warranting the issuance of the detention order are contained in the grounds of detention, a copy of which has been annexed as Annexure B to the petition. Since in our view reference to the prejudicial activities is not necessary for the disposal of this petition we are not recapitulating them.

3.The short point on which this petition should succeed has been pleaded by the petitioner's Counsel in grounds 6(C) and 6(D) of the petition. The ground is that the petitioner belongs to Uttar Pradesh and knew Hindi and consequently a Hindi Translation of the documents, including the grounds of detention, was furnished to him. That translation is not faithful and true inasmuch as whereas in the original

















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