Bombay High Court Voids Detention Over Translation Glitch

The Bombay High Court annulled the detention order against Shahabaz Ahmed Mohammad Yusuf due to untranslated witness statements, violating his rights. The court emphasized the necessity of providing an Urdu translation to ensure a fair representation, citing procedural lapses that hindered his ability to challenge the order.

The Bombay High Court has quashed a detention order against Shahabaz Ahmed Mohammad Yusuf, a Nashik resident, after discovering significant procedural errors. The court ruled that the failure to provide Urdu translations of Marathi witness statements infringed upon the detenue's fundamental rights.

Justices Sarang Kotwal and S M Modak determined that the lack of translated witness statements prevented Shahabaz from promptly contesting the order, a core constitutional right. This issue came to light following a challenge by Shahabaz's father, Mohammad Yusuf, against the order issued in July 2024.

The court underscored the importance of translating all pertinent documents to ensure detainees understand the charges against them, noting that the proceedings were conducted exclusively in Marathi. The oversight impacted Shahabaz's ability to make an effective early representation against his detention.

(With inputs from agencies.)