Failure To Supply Translated Copy Of Detention Order Does Not Vitiate Detaining Authority’s Decision: J&K&L High Court

A bench of Justice Wasim Sadiq Nargal said:

"From a bare perusal of the provisions of the Public Safety Act, 1978 dealing with preventive detention, read with the constitutional mandate under Article 22(5) of the Constitution of India, I do not find that such requirement is mandatory and failure on part of detaining authority to supply translated copies in all cases vitiates the detention."

The observations were made while hearing a plea challenging an order of detention passed under provisions of Section 8 of the Public Safety Act.

While perusing the grounds of detention, the bench noted that the petitioner has been found involved in a number of criminal acts and transportation of drug consignments in district Udhampur, which in turn has created a reign of terror among the peaceful and law abiding citizens of that area.

"The motive of the detenue is not only to create terror among the peaceful and law abiding citizens, but also to form a deep rooted nexus by encouraging criminally minded people to join him in his nefarious designs to commit illegal sale and purchase of narcotic contraband amongst the innocent youth of that area," said the court. 

The court further observed that the the right of the people to live peacefully is guaranteed under the Constitution of India and the activities of the petitioner were the main impediment, which were coming in the way of the people residing in Udhampur in enjoying such constitutional right.

Rejecting the argument of the petitioner that the there was no sufficient reason on which the detaining authority could have formed a subjective satisfaction to pass the order of detention, the bench observed that the past record of the detenue testifies that the substantive laws of the land have failed to deter the detenue even after registration of many criminal cases against him.

"He has managed to dodge the criminal justice system by taking advantage of intricacies and technicalities of the law, and was taking undue advantage of the bail granted by various courts in multiple offences. The Detaining Authority has arrived at subjective satisfaction that with a view to prevent the detenue from disturbing peace and order, it has become necessary to detain the detenue under preventive detention," said the bench.

Justice Nargal further observed that Detaining Authority has applied its mind by going through all the material, past conduct of the detenue against whom six FIRs stand registered and accordingly, arrived at subjective satisfaction that the criminal activities of the detenue were prejudicial to the interest of the State and issued the order of detention, which cannot be faulted.

Deliberating on the contention of the petitioner that the detention order was supplied in a language "alien" to the detenue, Justice Nargal said that the execution report clearly suggests that the grounds of detention were read over to him in English and also explained in Dogri/Hindi language, which he fully understood and in lieu of which his signatures have been obtained on the execution report.

"No grouse was ever raised by the petitioner that the documents were never read over and explained to him in the language which he understands, which is evident from the fact that the detenue never demanded translated copies of any of the documents forming part of the grounds of detention," said the court.

Case Title : Akash Karka Vs UT of J&K

Citation : 2022 LiveLaw (JKL) 274

Coram : Justice Wasim Sadiq Nargal

Counsel For Petitioner : Mr. K S Johal, Sr. Advocate with Mr. Karman Singh Johal, Advocate

Counsel For Respondent: Mr Sunil Bhatia GA

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