LI Network
Published on: January 6, 2024 at 00:15 IST
The Supreme Court, in a recent ruling regarding preventive detention, emphasized that if a detainee receives the grounds of detention in a language understood by them, containing a clear statement regarding their right to make representation, there is no necessity for verbal information again.
A Division Bench of Justices MM Sundresh and Aravind Kumar highlighted the importance of Article 22(5) of the Constitution, stating that detainees must promptly receive the grounds of detention in a language they understand, along with information about their right to challenge the detention order.
The Court stressed that the two rights granted under Article 22(5) are interconnected, aiming to ensure the detainee’s knowledge and the opportunity to challenge the detention order.
Regarding informing the detainee about their right to representation, the Bench clarified that communication could be either oral or written. However, if the detainee cannot understand the language used, a mere oral explanation would not suffice, emphasizing the necessity of informing them about their right to challenge the detention order.
The Court noted that if the detainee receives the grounds of detention in a known language containing clear information about their right to make representation, there is no need for further verbal notification. Yet, if the grounds do not indicate this right, verbal information becomes necessary.
In a specific case where a detainee refused to accept the grounds of detention, the Court observed that despite signing a document in English refusing to receive any document, the detainee’s subsequent claim of ignorance of English was not genuine. The detainee had approached the court without disclosing relevant facts, leading the Court to deny relief.
The Bench concluded that the detainee had been adequately informed about the grounds of detention and their right to make a representation, as evident from the documents served. Hence, the detainee was well aware of their right to challenge the detention.
