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7 jg.cri.wp 324.17.odt

6. On a perusal of the material on record, we are inclined to uphold the submission made on behalf of the petitioner that the impugned orders are liable to be quashed and set aside as the right of the petitioner under Article 22(5) of the Constitution of India to make a representation was affected due to faulty translation supplied by the detaining authority to the petitioner. The translation of the grounds in hindi language is not the true translation of the grounds of detention. The errors in the translation are not minor or clerical. The Crime, bearing No. 169/2016 was considered by the detaining authority as one of the grounds of detention and the same was referred in ground nos. 8.1.1 and 8.1.2. In ground no. 8.1.2 of the order of detention, it is mentioned that the complainant had lodged the report on 15-7-2016 at 4.00 p.m. that while he was travelling in an autorickshaw from Big Tajbagh, his autorickshaw bumped due to the road breaker and at that time, the associate of the petitioner, namely Mayur Nevare who was standing near the road said that there was less air pressure in the tyres of the autorickshaw. It is alleged in the complaint that on this, the complainant replied that the "height of the speed breaker should have been less". It is alleged that on hearing this, the associate of the petitioner got angry and abused the complainant in filthy language and said that "he had not made the speed breaker" ( LihM czsdj eSus FkskMh .....8/-

8 jg.cri.wp 324.17.odt cuk;k). While returning, the autorickshaw was stopped by the petitioner and his associates and by referring to the comment of the complainant that the speed breaker should not have been that big, the complainant was assaulted with wooden rod on his ear, nose and back. It would now be necessary to consider the hindi translation of ground no. 8.1.2 in the order of detention. In the Hindi translation, it is mentioned that when the complainant was travelling in a autorickshaw near Bada Tajbagh, the autorickshaw bumped on the road due to the road breaker. At that time, Mayur Nevare told the complainant that there was less air pressure in the tyres of the autorickshaw. On this, the complainant stated that "I have not made the speed breakers". After that, while the complainant was returning with the autorickshaw on the same road, the petitioner and his associates assaulted the complainant as he had stated that "why the speed breaker did not have a lesser height". A totally incorrect translation of the incident that was alleged in the complaint in Crime No. 169/2016 is conveyed to the petitioner by the Hindi translation supplied to him. "That I had not made the speed breaker" ( czsdj eSus FkskMh cuk;k) was said by the associate of the petitioner but in the Hindi translation "czsdj eSus FkskMh cuk;k" is said to have been uttered by the complainant. Also, there is no mention of the allegation in the complaint .....9/-

9 jg.cri.wp 324.17.odt that the complainant had replied on the utterance of Mayur Nevare about less air pressure in the tyres of the autorickshaw that "the speed breaker should have had a lesser height", in the Hindi translation. The said words are totally absent in the Hindi translation of ground no. 8.1.2. It is rightly submitted on behalf of the petitioner that since the Hindi translation was faulty on the material allegations in the complaint in Crime No. 169/2016, the petitioner was not able to make a effective representation as his right to make the same was affected.