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Grounds of detention should be communicated in writing to detenu in language he understands: Delhi High Court

The Court was dealing with a habeas corpus petition filed by a woman named Jasvinder Kaur seeking production of her son, Harmeet Singh, who was detained by the authorities through a detention order dated June 5, 2020, under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA Act).

Based on the order, Singh was detained on June 24, 2020.

It was alleged that Singh arrived at Delhi’s IGI Airport from Dubai carrying contraband items and goods, along with three other persons. A notice under the Customs Act was served upon him, and his statement was recorded under the act.

Singh’s statement was typed in English and the authorities told the Court that it was explained to him in the vernacular by an interpreter.

Though a written request was made by Singh to be provided with a copy of the detention order along with grounds of detention either in Hindi or Punjabi because he was unable to understand English, the request was rejected.

The detention order was then confirmed by the Ministry on August 11, 2021.

Source: Barandbench

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