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.