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Issues: Whether an inordinate and unexplained delay in executing a preventive detention order vitiated the detention by casting doubt on the genuineness of the detaining authority's subjective satisfaction.
Analysis: Preventive detention is a preventive, not punitive, measure, and therefore prompt execution of the detention order is essential. Where there is unreasonable delay between the passing of the detention order and the arrest of the detenu, the State must furnish a satisfactory explanation. On the facts, the detenu was arrested about one year after the order was made, with substantial periods of inactivity and no prompt or continuous effort shown to secure execution. The delay was held to be unexplained and attributable to the casual and indifferent conduct of the executing authorities. Such delay snapped the live and proximate link between the grounds of detention and the object of detention.
Conclusion: The unexplained delay rendered the detention order invalid and the writ petition succeeded.
Ratio Decidendi: An unreasonable and unexplained delay in executing a preventive detention order, unless satisfactorily accounted for, vitiates the order by breaking the live and proximate link and creating doubt about the genuineness of the detaining authority's subjective satisfaction.