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1989 Supreme(Bom) 147

KURDUKAR, ASHOK AGARWAL
Shekhar Shantaram Pawaskar – Appellant
Versus
V. K. Saraf – Respondent


Advocates appeared:
Raja Thakare and A.M. Chimalkar, for Petitioner; T.R. Roa (for No. 3); N.M. Kachare, Public Prosecutor, for State, for Respondents.

Judgement

ASHOK AGARWAL, J. :-This petition seeks to impugn the detention order dated the 2nd of January, 1989 passed by the Commissioner of Police, Greater Bombay, under Section 3 of the National Security Act, 1980. This order of detention has been challenged by Shri Thakare, the learned Counsel appearing on behalf of the petitioner, on various grounds. However, it is sufficient to mention only one of the grounds since the same goes to the root of the matter entitling the release of the petitioner from detention. According to Shri Thakare, the petitioner had not been furnished with the grounds of detention and the full and accurate material in support thereof. This had materially affected his right to make an effective representation. He pointed out that amongst the documents furnished to the detenu was a Medical Certificate dated the 26th of October, 1988 in respect of the injuries sustained by one Sidram M. Guram. The original of this certificate is in English. The petitioner was also furnished with a translation of the said certificate in Marathi. If one peruses both these documents, it is apparent that the Marathi translation is a wholly inaccurate and incomplete translation of









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