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Detention Voided Over Language Barrier
17 Oct
Summary
- Detention documents must be provided in understandable language.
- Failure to supply translations violates fundamental rights.
- Court orders immediate release of improperly detained individual.
The high court has declared that denying individuals in preventive detention access to necessary documents in a language they understand is a violation of their fundamental rights. This significant ruling was made by a bench of Justices Anil K Narendran and S Muralee Krishna.
The court's decision led to the quashing of Ibrahim Kalandhar's detention. Kalandhar, a native of Dakshina Kannada residing in Kasaragod, was classified as a 'known rowdy' under the Kerala Anti-Social Activities (Prevention) Act, 2007. His wife filed a habeas corpus petition, highlighting that her husband had been detained since January 23.
Proceedings against Kalandhar were initiated based on six criminal cases. While he was in judicial custody, a sponsoring report recommended his preventive detention on March 13. However, the court found that Kalandhar, who only understood Kannada, was not provided with translated copies of the detention order and other crucial documents. This prevented him from exercising his right to submit a representation against the order.
The court referenced Supreme Court precedents, emphasizing that an oral explanation is insufficient. Supplying translations is essential to uphold the detenu's right to be informed of the grounds for detention and to contest it, as protected by Article 22(5) of the Constitution. Consequently, the detention order was set aside, and Kalandhar was to be released immediately if not held for other cases.
