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Issues:
Challenge to detention order under Maintenance of Internal Security Act, 1971 based on theft incidents leading to stoppage of essential services; Allegation of colorable exercise of jurisdiction by detaining authority; Requirement of proximate nexus between preventive action and past activity of detenu; Necessity for detaining authority to disclose material circumstances for preventive detention; Failure to file counter-affidavit by detaining authority; Lack of rational basis for detention order; Quashing of impugned order and release of petitioner. Analysis: The judgment involves a challenge to a detention order under the Maintenance of Internal Security Act, 1971, based on theft incidents causing stoppage of essential services. The petitioner contended that the order was a colorable exercise of jurisdiction to subvert penal law. The key issue was the necessity of a proximate nexus between preventive action and the detenu's past activity. The Court emphasized that the authority must be satisfied that the detenu may act prejudicially in the near future post-release. The judgment highlighted the importance of disclosing material circumstances for preventive detention. The detaining authority's failure to file a counter-affidavit was a crucial point of contention. The Court stressed that the authority making the detention order should provide all material facts justifying the preventive action. The absence of a rational basis for the detention order was a significant concern, leading to the conclusion that the order was passed mechanically and as a colorable exercise of power. The judgment underscored the necessity of a valid basis for the detaining authority's subjective satisfaction. Moreover, the Court referenced previous cases to support its decision. It noted that the detention power should not be misused to circumvent the penal law and that the detaining authority must justify the detention with valid material. The judgment also highlighted the importance of considering the circumstances of the detenu's discharge from criminal cases in assessing the detention order's validity. Ultimately, the Court quashed the impugned order and directed the release of the petitioner, emphasizing the lack of a rational basis and the mechanical nature of the detention decision. The judgment serves as a reminder of the stringent requirements for preventive detention under the Act and the need for transparency and valid justification in such cases.
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