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may 2003

Supreme Court of India · 2003-05-07

A.C. Razia vs Government of Kerala & Ors.

Citation / case number
SC 2003/60966
Court
Supreme Court of India
Petitioner
A.C. Razia
Respondent
Government of Kerala & Ors.
Author
S. RAJENDRA BABU.
Bench
S. RAJENDRA BABU.

Judgment text excerpt

The Supreme Court held that the detention of the appellant's husband under the COFEPOSA Act was vitiated due to the failure to provide English translations of crucial documents and representations made in Malayalam, which were necessary for proper consideration by the Central Government as mandated by Article 22(5) of the Constitution. The Court emphasized that the detaining authority must ensure that the detained individual can effectively communicate and understand the grounds of detention. Consequently, the Court quashed the detention order, ruling that the lack of translation violated the procedural safeguards provided under the COFEPOSA Act.

A.C. Razia vs Government of Kerala & Ors. · Niyam