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Detention under Maintenance of Internal Security Act, 1971 - Delay in detention order - Proximity in time between alleged activity and detention order. Analysis: The petitioner was detained under Section 3 of the Maintenance of Internal Security Act, 1971, to prevent prejudicial activities related to essential supplies and services. The order for detention was made on March 6, 1972, following an incident on June 7, 1971, where the petitioner and associates were alleged to have committed theft. However, a significant delay of nine months between the incident and the detention order was unexplained. The Supreme Court emphasized the importance of proximity in time between past conduct and detention order to justify the inference of future prejudicial activities. The Court highlighted that past conduct should have a rational connection with the necessity of detention. In the absence of a reasonable explanation for the delay, a serious infirmity in the detention order arises, as seen in the case of Lakshman Khatik v. State of West Bengal, where a delay of seven months was deemed fatal. The Court, in this case, found the delay of nine months without a cogent explanation to be unacceptable. As a result, the detention order was quashed, and the petitioner was directed to be set at liberty. The judgment underscores the requirement for detaining authorities to justify delays in making detention orders, especially when there is a significant time gap between the alleged activity and the detention decision. Failure to provide a satisfactory explanation for such delays can render the detention unlawful. The decision serves as a reminder of the importance of procedural fairness and adherence to legal standards in matters involving preventive detention under security laws.
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