A.C. RAZIA versus GOVERNMENT OF KERALA AND ORS.

A.C. RAZIA versus GOVERNMENT OF KERALA AND ORS.

The absence of translated copies of documents referred to in the detention order does not vitiate consideration of the detenu's representation by the Central Government, as long as the detention order elaborately refers to the contents and there is evidence of application of mind; the requirement for translated documents depends on the facts of each case.

Parties
Petitioner: A.C. Razia; Respondents: Government of Kerala and Ors.
Jurisdiction
India
Judgment Date
12 January 2004
Procedural Posture
Criminal Appeal and Writ Petition / Supreme Court Judgment
Outcome
Appeal/Petition dismissed
Legal Topics
COFEPOSA, Representation of Detenu, Translation of Documents, Article 22(4) and (5)
Preventive Detention Constitutional Law COFEPOSA Representation of Detenu Translation of Documents Article 22(4) and (5)

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Parties

A.C. Razia

Petitioner

Government of Kerala and Ors.

Respondents

Procedural Posture

Criminal Appeal and Writ Petition / Supreme Court Judgment

Legal Issues

  1. 1 Whether the Central Government is required to have translated copies of documents in the language known to its officials while considering representation under Section 11 of COFEPOSA
  2. 2 Whether failure to provide translated copies vitiates the consideration of the detenu's representation

Ratio Decidendi

The absence of translated copies of documents referred to in the detention order does not vitiate consideration of the detenu's representation by the Central Government, as long as the detention order elaborately refers to the contents and there is evidence of application of mind; the requirement for translated documents depends on the facts of each case.

Court Disposition

Appeal/Petition dismissed

Orders

  • The criminal appeal and writ petition are dismissed.