RAZIA UMAR BAKSHI vs UNION OF INDIA AND ORS.

The Supreme Court held that under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), if the grounds of detention are in a language unknown to the detenu, they must be explained in a language the detenu understands, supported by an affidavit from the officer who explained them. The Court emphasized strict compliance with Article 22(5) of the Constitution, stating that non-compliance vitiates the detention order. Furthermore, Section 11 of COFEPOSA grants the detenu the right to have their representation considered by the Central Government, and the detaining authority must forward such representations without fail.