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Issues involved: Challenge to detention under Maintenance of Internal Security Act, 1971 based on delay in making the order of detention and arresting the detenu.
Summary: The petitioner challenged his detention under an order dated 24th August, 1972 made by the District Magistrate, Burdwan u/s 3 of the Maintenance of Internal Security Act, 1971. The order was based on the District Magistrate's subjective satisfaction that it was necessary to detain the petitioner to prevent him from acting prejudicially. The grounds of detention were incidents of breaking open railway wagons and looting their contents on three occasions. Despite the last incident occurring on 15th January, 1972, the order of detention was made on 24th August, 1972, and the petitioner was not arrested until 22nd February, 1973. The delay at both stages raised doubts on the genuineness of the subjective satisfaction of the District Magistrate. The Court noted that while delay alone may not invalidate the detention, in this case, the State failed to provide a satisfactory explanation for the delay, leading to the conclusion that the District Magistrate did not genuinely apply his mind before making the detention order. As a result, the Court quashed the order of detention and directed the petitioner's immediate release.
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