Excelsior Correspondent
SRINAGAR, Jan 18: Vacation Judge of High Court Srinagar Wing Justice Sanjeev Kumar today dismissed a petition seeking quashment of PSA against alleged stone pelter.
While dismissing the petition filed by Irfan Ahmad Lone of Bilal Colony Qamarwari Srinagar challenging the Order No.65/DMB/PSA/2017 dated 21.08.2017 of District Magistrate, Baramulla, Justice Sanjeev Kumar observed, “it is the settled law that the detention order, grounds of detention and documents, referred to and relied on, are to be communicated to the detenu in a language understood by him so that he could make an effective representation against his detention”.
“The question arises as to whether the courts have necessarily to accept what is stated by the detenu or it is permissible for the court to consider the facts and circumstances of the case so as to have a reasonable view as to the detenu’s knowledge of the language in which the grounds of detention were served. If the detenu’s statement is to be accepted as correct under all circumstances it would be incumbent on the part of the detaining authority in each such case to furnish the grounds of detention in the mother tongue of the detenu which may involve some delay or difficulty under peculiar circumstances of a case”, Justice Kumar said.
“On the other hand, if it is permissible to ascertain whether the statement of the detenu in this regard was correct or not, it would involve a subjective determination. It would, of course, always be safer course in such cases to furnish translated script in the detenu’s own language”, High Court said, adding “the Supreme Court has viewed that it would be open for the court to consider the facts and the circumstances of a case, to reasonably ascertain whether the detenu is feigning ignorance of the language or he has such working knowledge as to understand the grounds of detention and the contents of the documents furnished”.
“In the present case, perusal of the detention record, produced by counsel for respondents, reveals that the detenu has put his signatures, both on overleaf of detention order when the detention was executed and on receipt of grounds of detention, accepting and admitting that he understood the contents of the grounds of detention as the same has been explained to him in the language which he understands”, the High Court said.
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