Subjective satisfaction arrived at by detaining authority based on materials.

E.Padmanabhan, J.: These five habeas corpus petitions are being listed before us on a reference made by the Division Bench consisting of S.Jagadeesan and Prabha Sridevan, JJ. The said Division Bench while pointing out the contrary views taken by the earlier Division Benches passed the following orders:

1.Reference: (ORDER OF THE COURT WAS MADE BY S.Jagadeesan, J): The contention raised by the learned counsel for the petitioner herein, challenging the impugned order of detention, is that the Tamil translated copy of the grounds of detention does not contain the correct meaning of English version of the grounds of detention.

2. In paragraph 5(1) of the grounds of detention, it is stated as follows: “I am aware that Tmt.Kuppammal is in remand and there is imminent possibility that she may come out on bail for the offences under Secs.4(1)(i) and 4(1-A) of Tamil Nadu Prohibition Act, 1937 by filing bail application in Court.”

In the Tamil version, it is stated as follows:

3. The Tamil version would convey that the detaining authority is of the opinion that there is likelihood of the detenue coming out on bail by filing such bail applications. As in the English version, it is stated that there is imminent possibility that the detenue may come out on bail, no such term has been given in the Tamil version and the Tamil version on the grounds of detention simply mentions that there is some likelihood of the detenue coming out on bail. As this cannot be considered to be true and correct translation, the impugned order of detention is vitiated.

4. In fact, the learned counsel for the petitioner relied upon the following Division Bench judgments of this Court:

(i) Palaniammal v. District Magistrate and District Collector, Karur, (1999) L.W. (Crl.) 98. (ii) Kannammal v. State of Tamil Nadu, represented by Secretary to Government, Prohibition and Excise Department, Fort St.George, Chennai-9, H.C.P.No.2170 of 1999, dated 27.7.2000 and (iii) Banumathi v. District Magistrate and District Collector, Perambalur District, Perambalur, H.C.P.No.1820 of 1999, dated 19.6.2000."

5. On the contrary, the learned Government Advocate on the Criminal Side contended that these judgments had been delivered by this Court without reference to the judgment of the Apex Court in the case of Bonid Bihari Mahato v. State of Bihar, 1974 Crl.L.J. 1457, wherein it had been held that the copy of the grounds of detention furnished to the detenue in the language known to him alone is to be taken into consideration and there should not be any comparison of the documents of English version to find out the lacuna, since the detenue is expected to know the contents of the grounds of detention only from the language known to him. If the subjective satisfaction of the detaining authority is mentioned therein, then, the order cannot be vitiated.

6. Learned Government advocate further referred to the judgment in the case of Rivadeneyta Ricardo Agustin v. Government of Delhi, 1994 S.C.C. (Crl.) 354 and contended that even the absence of the word "imminent" would not vitiate the order of detention, if the subjective satisfaction of the detaining authority speaks about the possibility of the detenue coming out on bail. A Division Bench of this Court In H.C.P.No.566 of 1998 by order dated 3.2.1999 had also taken a similar view.

7. The learned Government Advocate also relied upon another judgment of the Apex Court in the case of Ahamad Nassar v. State of Tamil Nadu, 2000 Crl.L.J. 33, wherein the learned Judges of the Apex Court have held that the words "likely to be released" connote chances of being bailed out, in case there be pending bail application or in case if it is moved in future is decided. The word "likely" shows it can be either way. If these are to be taken into consideration, the Tamil version of the grounds of detention furnished to the detenue is identical and as such, the petitioner cannot be said to be prejudiced.

8. Yet another case relied upon by the learned Government Advo

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