HC quashes detention over language barrier

The division bench of justices Sarang V Kotwal and SM Modak observed that there was an unexplained and unreasonable delay in passing the detention order

MUMBAI: The Bombay high court last week struck down the detention of an individual under provisions of the Maharashtra Prevention of Dangerous Activities (MPDA) Act, on the ground that he was not served with an Urdu version of witness statements recorded in Marathi. The detainee was conversant only in Urdu and the lapse had deprived him of making the earliest effective representation, violating his constitutional rights, the court said.

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The accused, Shahabaz Ahmed Mohammad Yusuf @ Commando, was detained on July 30, 2024, following an order passed by the Nashik district magistrate, in connection with nine offences registered at Pawarwadi, Ramjanpura city, Azad Nagar, Malegaon city and Malegaon camp police stations. The offences pertained to criminal activities, including assault and robbery, recorded between 2018 and 2024. Yusuf was detained as per provisions of MDPA Act, after the detaining authority’s subjective satisfaction that he was a dangerous person within the meaning of the Act.

Advocate Aisha Z Ansari, representing Yusuf, submitted that no urgency was shown by the detaining authority or the sponsoring authority in initiating action against him. She further contended that he was not served with the Urdu translation of witness’ in-camera statements, which influenced his ability to challenge the detention.

Additional public prosecutor SV Gavand opposed the submissions and stated that the sponsoring authority, i.e., senior police inspector of Ayesha Nagar police station, had on April 8, 2024, forwarded a proposal for Yusuf’s detention under the MPDA Act to the additional superintendent of police, Malegaon, Nashik (Rural), which was received by the detaining authority on April 25, 2024.

On the issue of in-camera witness statements, the prosecution submitted that original Marathi statements were furnished to the detainee, although Urdu translations were not furnished.

The division bench of justices Sarang V Kotwal and SM Modak observed that there was an unexplained and unreasonable delay in passing the detention order, as nothing appeared to have happened between April 25, 2024, when the proposal for detention was received by the authority, and July 30, 2024, when the detention order was issued.

The court also noted that Yusuf was conversant only in Urdu, and detaining authorities were aware of this. They had provided him with Urdu translations of the grounds of the detention and the detention order, but not of the Marathi in-camera statements.

“The detainee was deprived of making the earliest effective representation, challenging the order of the detention, thereby affecting his valuable right under Article 22(5) of the Constitution of India, which mandates the clear communication of grounds of detention,” the court said, quashing his detention order and ordering his release from Nashik Central Prison.