TMI Blog1970 (3) TMI 179X X X X Extracts X X X X X X X X Extracts X X X X ..... gistrate's order, he arrested Chaju at 6.30 P.M. and that the contents of the order were explained to him in Urdu by reading over the same to him in token of which his thumb impression was obtained on the face of the order, Beneath this endorsement, there is a thumb impression although it is not stated there whose thumb impression it is. In any event, this was in compliance with the direction given in the order itself that notice of the order should be given to Sh. Chaju by reading over the same to him. 2. As required by Section 8 of the Act, grounds of the order of detention had to be disclosed to Chaju. It is claimed that this was done on April 6, 1969 and that order has been produced before us. The grounds stated as follows : 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom jail and contained not much material except to say that he had been illegally detained for one year and was languishing in jail. In reply to the rule nisi, an affidavit was filed by the Additional Secretary to the Government of Jammu Kashmir Home Department. However, Chaju withdrew that petition with permission to file another petition and he has filed a second petition on January 20, 1970. In this petition he has stated in Paras 3, 4 and 5 that he was given some papers five days after Baisakhi (which fell on April 13, 1969) and being an illiterate person, he could not read the contents of the papers given. He also alleged that he was not explained the grounds of his detention and therefore he was deprived of his right of making a rep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to him in the language he understood (Urdu) and therefore there was compliance with the provisions of the law. 7. Now, if we accept the affidavit of the Government, it is obvious that the affidavit of the detenu must be false. Contrary-wise, if we accept the affidavit of the detenu, we must reject the material placed before us on behalf of the Government. In view of the contradictory nature of these two affidavits, we went into the matter very closely and satisfied ourselves which of the two affidavits is acceptable, giving all the benefit of doubt to the detenu, To begin with, the order of detention had an endorsement on it that the order should be communicated to Chaju by reading over the same to him. This was probably done because ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been written later around the thumb impression taken from Chaju as was done when the order of detention was served on him. It may be recalled that at that time also there was an endorsement in English that it had been read over to him, but nothing had been written around the thumb impression of Chaju whether in Urdu or otherwise to show that the thumb impression was that of Chaju. We looked carefully at the affidavit filed in this Court which is a cyclostyled document. We find in para 6 a correction in a very significant place. This correction has been made by typing certain words in the place between two lines with an oblique showing that it is an omission. The words beneath those added words have been erased although some of them in part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f having read over the grounds to him in the language he understood, we are constrained to hold that we should not go by the affidavit of the Under-Secretary, but in preference accept the affidavit of the detenu. The detenu is an illiterate person and it is absolutely necessary that when we are dealing with a detenu who cannot read or understand English language or any language at all that the grounds of detention should be explained to him as early as possible in the language he understands so that he can avail himself of the statutory right of making a representation. To hand over to him the document written in English and to obtain his thumb impression on it in token of his having received the same does not comply with the requirem ..... X X X X Extracts X X X X X X X X Extracts X X X X
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