Powanammal vs State Of Tamil Nadu And Anr on 15 January, 1999
7. The decision of Powanammal v. State of Tamil Nadu, reported in AIR 1999 SC 618 was cited before this Court. In this case, the Supreme Court has clearly observed that a distinction has through-out been maintained by the Supreme Court between the documents which are relied upon by the detaining authority in the grounds of detention and a document which found mere reference in the grounds of detention. Whereas non-supply of a copy of the document relied upon in the grounds of detention has been held to be fatal to continued detention, the detenue need not show that any prejudice is caused to him, because non supply of such a document would amount to denial of the right of being communicated the grounds and of being afforded the opportunity of making an effective representation against the order. But it would not be so where the document merely finds a reference in the order of detention or among the grounds thereof. In such a case, the detenue's complaint of non supply of document has to be supported by prejudice caused to him in making an effective representation. What applies to a document, would equally apply to furnishing translated copy of the document in the language known to and understood by the detenue, should the document be in a different language. In this decision rendered by a three Judges Bench of the Supreme Court, the principle, as narrated hereinabove, has been laid down and the non supply of the translation of a document in the language known to and understood by the detenue in case the document is in a different language has been treated at par with the documents, supply of which was essential and further that barring the cases, wherein only a reference is made to a document in the grounds of detention, the cases in which the documents were relied upon in the grounds of detention, it is not necessary to show any prejudice because such non supply of such a document itself is fatal.