'Only Conversant With Urdu': Bombay HC Quashes Detention Order Over Non-Supply Of Translated Documents To Detenue

The Bombay High Court recently quashed a detention order of a man after noting the fact that the detaining authority did not serve all the documents pertaining to his detention in 'Urdu' - the language he was only conversant with.

A division bench of Justices Sarang Kotwal and Shriram Modak noted that the detenue - Shahabaz Ahmed Mohammad Yusuf @ Commando was only conversant with Urdu language.

The judges noted that the statements of two 'in-camera' witnesses were served to Shahabaz in Marathi language without translating the same in Urdu. However, the detention order and also the grounds of detention, were translated in Urdu and handed over to Shahabaz, the judges noted.

"The Petitioner (Shahabaz's father) has stated in the petition that the detenue is conversant only with Urdu language. This fact is also accepted by the detaining authority; as Urdu translation of the detention order itself and the grounds of the detention translated into Urdu were served on the detenue. In this background, it was equally important for the detaining authority to have served the detenue with the Urdu translation of the Marathi in-camera statements of the witnesses. That was not done. Therefore, the detenue is 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 the India," the judges said in the order passed on March 22. 

Further, the judges noted the fact that the statements of the two 'in-camera' witnesses were recorded in March 2024 and the same were forwarded to the sponsoring authority to confirm the proposal to detain the applicant's son in April 2024. 

On April 23, 2024, the Superintendent of Police, Nashik (Rural) forwarded the proposal to the detaining authority who received it on April 25, 2024, the bench noted.

"From that point onwards, till passing of the detention order on July 30, 2024, the affidavit is completely silent. Nothing was explained as to what transpired between April 25, 2024 upto July 29, 2024. Thus, there is force in the submission of the Petitioner that the authorities had not shown urgency in passing the detention order, if the detenue's prejudicial activities were so dangerous for the society at large that it affected the public order. In this regard we find that in this particular case, the Authorities have failed to explain as to why the detention order was not passed expeditiously showing sufficient urgency," the judges observed. 

With these observations, the judges, quashed and set aside the detention order. 

Appearance:

Advocate Aisha Ansari appeared for the Petitioner.

Additional Public Prosecutor SV Gavand represented the State.

Case Title: Mohammad Yusuf vs State of Maharashtra (Criminal Writ Petition 707 of 2025)

Citation: 2025 LiveLaw (Bom) 118

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