XIII at page 21 of the petition which may be extracted thus That the detenu does number know English.
The grounds of detention and the order of detention were in English.
The order was passed by Mr. P. M. Shah, Deputy Secretary to the Government of Gujarat who authenticated the said order on behalf of the State Government.
The detenu while making a representation to the State Government also prayed for supply of documents to him in order to make a more effective representation.
Ram Jethmalani, M. M. Lodha and Harjinder, Singh for the Petitioner.
In the representation sent to the Government, the detenu had made a specific prayer that his representation should be forwarded to the Central Government for being companysidered.
Under Article 32 of the Constitution.
ORIGINAL JURISDICTION Writ Petition No.
FAZAL ALI, J. Vacation Judge The detenu was detained under sub Section t of Section 3 of The Conservation of Foreign Exchange and Prevention of Smuggling Activities in short COFEPOSA by the Government of Gujarat by its order dated January 30, 1980.
These documents however were supplied on March 27, 1980 although the order of detention was itself companyfirmed on March 21, 1980.
In the first place it was submitted that the companynsel on behalf of the detenu has expressly pleaded that the grounds of detention were companyched in English, a language which the detenu did number understand at all and these grounds were number explained to him.
In support of the rule, Mr. Ram Jethmalani, companynsel appearing for the detenu raised two points before this Court.
B. Datar, R. N. Sachthey and M. N. Shroff for the Respondents.
631 of 1980.
No vernacular translation of the grounds was given number they were explained to detenu in a language known to him.
A specific ground on this aspect of the matter has been taken in ground No.
This allegation seems to have been denied by the respondents in para 14 of the affidavit of Mr. P. M. Shah, on behalf of the detaining authority, where he stated that the grounds were explained to the detenu in the language known to him.
