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Brazilian Lady approaches SC seeking release of her brother [Read Petition]

LiveLaw News Network
4 Sep 2016 3:02 PM GMT
Brazilian Lady approaches SC seeking release of her brother [Read Petition]
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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.

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