SARFARAZ ALAM versus UNION OF INDIA & ORS.

SARFARAZ ALAM versus UNION OF INDIA & ORS.

Article 22(5) requires authorities to serve the grounds of detention in a language the detenue understands and to inform him of his right to make a representation, which may be communicated orally or in writing; where grounds were translated into Bengali, attempts to serve were made promptly, the panchnama recorded the detenue's refusal yet also shows his signature and subsequent reading and receipt of documents, the requirements of Article 22(5) were satisfied, and therefore the detention order was valid and the appeal is dismissed.

Parties
Appellant: Sarfaraz Alam; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
04 January 2024
Procedural Posture
Criminal Appeal / Appeal From High Court of Calcutta Judgment Dated 06.10.2023 in Wpa(h) No.68 of 2023; Final Judgment on Appeal (appeal Dismissed)
Outcome
Appeal dismissed
Legal Topics
Article 22(5) Communication of Grounds, Validity of Detention Order, Right to Make Representation, Service and Translation of Grounds of Detention, Panchnama and Proof of Refusal
Constitutional Law Preventive Detention Law Criminal Law Administrative Law Article 22(5) Communication of Grounds Validity of Detention Order Right to Make Representation Service and Translation of Grounds of Detention +1 more

Case Brief

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Parties

Sarfaraz Alam

Appellant

Union of India & Ors.

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court of Calcutta Judgment Dated 06.10.2023 in Wpa(h) No.68 of 2023; Final Judgment on Appeal (appeal Dismissed)

Legal Issues

  1. 1 Whether the detention order was validly preceded by service of grounds of detention in language understood by the detenue
  2. 2 Whether the detenue was informed of his right to make a representation and whether such communication must be oral, written, or both
  3. 3 Whether mere verbal explanation suffices where the detenue does not understand the language of the grounds

Ratio Decidendi

Article 22(5) requires authorities to serve the grounds of detention in a language the detenue understands and to inform him of his right to make a representation, which may be communicated orally or in writing; where grounds were translated into Bengali, attempts to serve were made promptly, the panchnama recorded the detenue's refusal yet also shows his signature and subsequent reading and receipt of documents, the requirements of Article 22(5) were satisfied, and therefore the detention order was valid and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal stands dismissed.
  • Pending application(s), if any, stand(s) disposed of.