1989 (6) TMI 280

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....f Police, Greater Bombay, under Section 3 of the National Security Act, 1980. This order of detention has been challenged by Shri Thakare, the learned Counsel appearing on behalf of the petitioner, on various grounds. However, it is sufficient to mention only one of the grounds since the same goes to the root of the matter entitling the release of the petitioner from detention. According to Shri T....

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.... cm over scalp, left side skin deep." The same injury in the Marathi translation is described as an injury 6" x 1/2" on the left side knee." Further, the following portion which is found in the English Certificate is totally absent in the Marathi translation : "The above injuries were sustained by him/her as per his/her statement accidentally, during the performance of his/her legitimate duties....

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....r, submitted that the aforesaid Medical Certificate related to only one of the grounds of detention. Even if the said ground of detention is found to be invalid, yet the order of detention can be justified on other grounds and be maintained in view of the provisions of Section 5A of the COFEPOSA Act. 3. In our view, there is no merit in the aforesaid contention. When, there is an infringement o....

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....here is no other alternative but to hold that the detention of the detenu is void ab initio. If the detention is void ab initio, then the question of sustaining such a void order under Section 5A cannot arise. Section 5A will come into operation after the communication of grounds and following the constitutional safeguards. Section 5A with have no application if the grounds themselves are not comm....