Inaccurate translation of relied-upon material can defeat effective representation and prevent detention from being sustained under Section 5A.

An inaccurate and incomplete translation of a relied-upon medical certificate can deny a detenu an effective representation under Article 22(5) of the Constitution when it materially misstates the injury or omits important portions of the original document. The defect in supplying full and accurate supporting material affects the communication of grounds and the detenu's understanding of the basis of detention, making the detention vulnerable. Section 5A of the COFEPOSA Act cannot save a detention order where the defect goes to the validity of the grounds and accompanying documents themselves and the order is said to be void ab initio.

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Issues: Whether the detention order was vitiated by furnishing an inaccurate and incomplete translation of a relied-upon medical certificate, thereby denying the detenu an effective representation under Article 22(5) of the Constitution of India, and whether Section 5A of the COFEPOSA Act could save the detention.

Analysis: The grounds and supporting documents supplied to the detenu included an English medical certificate and a Marathi translation, but the translation materially misstated the injury and omitted important portions of the original document. This created confusion as to the true contents of the relied-upon material and adversely affected the detenu's right to make an effective representation. The non-supply of full and accurate material amounted to a breach of the constitutional safeguard under Article 22(5), rendering the detention invalid. Since the defect went to the communication of grounds and the supporting documents themselves, Section 5A could not be invoked to sustain an order that was void ab initio.

Conclusion: The detention order was vitiated and could not be sustained under Section 5A; the challenge succeeded in favour of the petitioner.

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