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Issues: (i) Whether the detenu was validly served with and made to the grounds of detention in a language understood by him so as to preserve the statutory right of representation; (ii) Whether the grounds of detention were sufficiently precise to enable an effective representation.
Issue (i): Whether the detenu was validly served with and made to understand the grounds of detention in a language understood by him so as to preserve the statutory right of representation.
Analysis: The detention statute required disclosure of the grounds to the detenu, and meaningful disclosure necessarily meant communication in a language understood by him. Where the detenu was illiterate, mere delivery of the written grounds in English and obtaining a thumb impression did not satisfy the legal requirement. On the materials, the Court declined to accept the State's version and held that the grounds had not been properly explained to the detenu in Urdu or in any other language understood by him.
Conclusion: The requirement of communication in an understood language was not complied with, and the detenu was deprived of an effective right to make a representation.
Issue (ii): Whether the grounds of detention were sufficiently precise to enable an effective representation.
Analysis: The grounds did not identify the relevant persons, dates, occasions, or particulars of the alleged conspiracy and incitement. A detenu must be given enough particulars to meet the case against him, and grounds stated in broad and indefinite terms are not adequate for a meaningful representation under preventive detention law. The grounds here were held to be lacking in necessary detail and therefore vague.
Conclusion: The grounds of detention were vague and insufficient in law.
Final Conclusion: The detention was held unlawful for non-compliance with the mandatory safeguards governing preventive detention, and the detenu was entitled to be set at liberty.
Ratio Decidendi: In preventive detention, the grounds must be communicated in a language understood by the detenu, and they must contain sufficient particulars to enable an effective representation; failure on either requirement renders the detention unlawful.
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