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of <h1>Detention Order Invalidated Due to Delay and Lack of Justification</h1> <h3>LAKSHMAN KHATIK Versus STATE OF WB.</h3> The Court found the detention order invalid due to significant delay in issuance and lack of clear justification based on past incidents. The petitioner ... - Issues:Detention under Maintenance of Internal Security Act, 1971 based on incidents from several months prior. Validity of detention order under Article 32 of the Constitution for a writ in the nature of habeas corpus. Grounds for detention related to activities prejudicial to the maintenance of essential supplies. Delay in passing the detention order and its impact on the validity of the order.Analysis:The judgment pertains to a petition under Article 32 of the Constitution seeking a writ of habeas corpus challenging a detention order issued under the Maintenance of Internal Security Act, 1971. The petitioner was detained by the District Magistrate to prevent him from acting in a manner prejudicial to the maintenance of essential supplies and services to the community. The detention order was confirmed by the State Government after the petitioner had an opportunity to make a representation to the Advisory Board.The grounds for detention were based on incidents that occurred several months before the detention order was issued. These incidents involved the removal and selling of rice from trucks carrying essential commodities. The judgment highlighted the delay in passing the detention order, approximately 7 months after the incidents took place. The Court noted that the District Magistrate could not have been reasonably satisfied about the necessity of detention based on events that occurred so long before the order was issued. The Court emphasized that prompt action should have been taken if the objective was to prevent disruption of essential supplies.The Court found the detention order invalid due to the significant delay in passing the order and the lack of clear justification for the detention based on past incidents. The Court ordered the immediate release of the petitioner. The judgment serves as a reminder of the importance of timely and justified detention orders under laws such as the Maintenance of Internal Security Act, 1971 to ensure the protection of individual rights and prevent arbitrary detentions.
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