Delhi HC orders release of accused as he was not explained ground behind detention in language he understood

The Delhi High Court on Friday passed an order to release an accused from detention, who is a school dropout, over the grounds that he was not explained the grounds of detention in a language he understood. 

The grounds of detention were communicated to the detainee in the English language whereas he requested to provide translation in Hindi or Punjabi as he was not able to understand English. The division bench headed by Justice Siddharth Mridul observed, ''Merely because Harmeet Singh signed several documents in English and was able to string few words into sentences, evidently on being urged by the officers concerned, is not a basis to impute that he has sufficient working knowledge of the English language." 

Singh was charged under the sections of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA). 

The bench further observed, " We may add, that the record shows that Singh is a Class X drop out and he has attended only Hindi medium school, which is not controverted by the Ministry of Finance. Although, out his three statements recorded under Customs Act, two were recorded in Hindi."

A tail-end argument advanced by the Ministry, that Harmeet Singh had travelled abroad on multiple occasions, as proof that he understood sufficient English language, was rejected by the court too. The bench was dealing with a habeas corpus petition moved by Jasvinder Kaur, in which she held that the order of June 5, 2020 under COFEPOSA was not served upon to the petitioner's son,  Harmeet Singh, in a language that he understands. 

The bench observed, ''Thus the impugned detention order falls foul of the constitutional mandate contained in Article 22(5) of the Indian Constitution as interpreted by the Supreme Court in the various decisions." The High Court said, "the order under COFEPOSA is accordingly quashed and Harmeet Singh, son of the petitioner is directed to be released from preventive detention." 

The petitioner Jasvinder Kaur had moved a plea of habeas corpus for the production of her son Harmeet Singh. The petition sought quashing of detention order of June 5, 2020 under Conservation of Foreign Exchange and Prevention of Smuggling Activities (COFEPOSA) Act, 1974 issued by the Joint Secretary COFEPOSA.