A Portuguese speaking Brazilian lady has approached the Supreme Court of India by filing a Habeas Corpus Petition to produce and release her brother Dante Farinello Cardoso who is undergoing sentence of imprisonment in connection with a forgery and cheating Case. The Petition is listed for hearing in Court no.4 Item 13, tomorrow
Ms. Ana Paula Farinello in her Writ Petition stated that the detenu is a Portuguese speaking person having no knowledge of Hindi or English was compelled to face trial in Hindi , and ultimately he was convicted by the Chief Judicial Magistrate ,Maharjganj for the offences under Sections 420,467, 468 and 471 of Indian Penal Code & Section 14 of the Foreigners Act, and sentenced to maximum of 5 years of rigorous imprisonment with fine of Rs.5000/-, which was upheld by the Additional Sessions(Fast Track) Court, Maharajganj, UP, and confirmed by the High Court of Judicature at Allahabad. The allegation against him was related to the forgery of his travel documents.
The Petition filed by Advocate Shree Pal Singh and settled by Advocate Wills Mathews alleges that the Judgments of the Courts below are null and void and the detention of the brother of the petitioner is prima facie illegal, as he was denied a fair trial. It is also submitted that, it was the duty of the Trial court to ensure that, the brother of the petitioner was provided a translator as admittedly he is a Brazilian national and a Portuguese speaking person and more than that ,he was not having the knowledge of Hindi in which the investigation and trial was conducted.
It is also averred in the Petition that on 27.07.2016 The Embassy of Brazil issued a letter to the lawyer of the petitioner stating that, there was no any enquiry against the brother of the petitioner from the respondents and further to this the Embassy confirmed that the passport of the brother of the petitioner is original. It is submitted that the contents of the letter addressed to the Advocate of the petitioner by the Brazilian Embassy is contradictory to the findings of the High Court on the issue of legality and validity of the passport of the brother of the petitioner and about the investigation by the police.
Read the petition here.