The Bombay High Court recently struck down a detention order against Shahabaz Ahmed Mohammad Yusuf @ Commando, citing the failure of authorities to provide him with translated documents in Urdu, the only language he understands. This non-compliance deprived him of his fundamental right to make an effective representation, violating Article 22(5) of the Indian Constitution.

A division bench comprising Justices Sarang Kotwal and Shriram Modak ruled in favor of the detenue’s father, Mohammad Yusuf, who had filed a writ petition challenging the detention order issued on July 30, 2024, by the District Magistrate, Nashik.

Failure to Provide Urdu Translations

"The Petitioner (Shahabaz’s father) has stated in the petition that the detenue is conversant only with the Urdu language. This fact is also accepted by the detaining authority; as Urdu translation of the detention order itself and the grounds of the detention translated into Urdu were served on the detenue. In this background, it was equally important for the detaining authority to have served the detenue with the Urdu translation of the Marathi in-camera statements of the witnesses. That was not done. Therefore, the detenue is deprived of making the earliest effective representation challenging the order of detention, thereby affecting his valuable right under Article 22(5) of the Constitution of India," the court observed.

Read also:-Bombay High Court Directs Maharashtra Transport Commissioner to Review Open Licensing Policy for Autorickshaw

The court noted that while the detention order and grounds of detention were translated into Urdu, the in-camera statements of two witnesses were provided in Marathi. Without these translations, the detenue could not understand or contest the allegations against him, rendering his constitutional rights meaningless.

Delay in Issuing the Detention Order

The court also scrutinized the timeline leading up to the detention order. The in-camera statements were recorded in March 2024 and forwarded to the sponsoring authority in April 2024. The proposal reached the detaining authority on April 25, 2024. However, the detention order was issued only on July 30, 2024, with no explanation for the delay.

"From that point onwards, till passing of the detention order on July 30, 2024, the affidavit is completely silent. Nothing was explained as to what transpired between April 25, 2024, up to July 29, 2024. Thus, there is force in the submission of the Petitioner that the authorities had not shown urgency in passing the detention order, if the detenue’s prejudicial activities were so dangerous for society at large that it affected the public order," the court remarked.

Legal Representation and Court’s Decision

Read also:- Madras High Court Slams Special Court for Arbitrary Denial of Appearance Exemption to Accuse

Advocate Aisha Ansari represented the Petitioner, while Additional Public Prosecutor SV Gavand appeared for the State. After reviewing all facts, the High Court ruled that the failure to provide translated documents in Urdu and the unexplained delay in issuing the detention order rendered the detention unjustifiable.

Final Verdict:

1. The detention order dated July 30, 2024, was quashed and set aside.
2. The rule was made absolute.
3. The detenue was ordered to be released immediately unless required in another case.

Read also:- High Court Quashes FIR Against Retired Professor Over Obscene Message, Citing Mental Illness

This judgment highlights the significance of procedural fairness in preventive detention cases and reaffirms the fundamental rights of individuals under the Indian Constitution.

Case Reference: Mohammad Yusuf vs. State of Maharashtra (Criminal Writ Petition 707 of 2025)