1974 INSC 0301
                                                    Bhola Bhuiya

                                                           Vs

                                                State of West Bengal

                                          Writ Petition No. 2009 of 1973

                                       (Y.V.Chandrachud, R.S.Sarkaria JJ.)

                                                      03.10.1974

                                                     JUDGMENT

CHANDRACHUD, J. -

1. The petitioner was detained by an order dated January 14, 1972 passed by the District
Magistrate, Burdwan, under the Maintenance of Internal Security Act, 1971. The purports to have
been passed in order to prevent the petitioner from acting in any manner prejudicial to the
maintenance of supplies and services essential to the community.

2. Learned Counsel appearing on behalf of the petitioner contends in this habeas corpus petition that
the petitioner is an illiterate person and since the grounds of detention were not explained to him in
his own language he was denied an opportunity to make an effective representation against the order
of detention. On the last occasion when this matter had come up for hearing the Court had asked the
respondent, the State of West Bengal, to make an affidavit on the question whether the grounds
furnished to the petitioner were explained to him in his language which be could understand.
Accordingly, an affidavit has been filed by Mr. S. K. Saha, the Police Inspector, who served the
detention order and the grounds on the petitioner. That affidavit shows that the grounds of detention
were explained to the petitioner in Hindi which is the language that the petitioner understands.
There is ,therefore ,no substance in the contention that the order of detention is vitiated on account
of non-compliance with the provisions of Article 22(5) of the Constitution.

3. Accordingly, we confirm the order and discharge the rule.

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