Preventive detention delay vitiates order when unexplained lapse breaks the live and proximate link with detention purpose.

Preventive detention under COFEPOSA requires prompt execution to preserve the live and proximate link between the alleged prejudicial activity and the detention purpose. An inordinate and unexplained delay of about 26 years in executing the detention order was treated as fatal because it cast doubt on the genuineness of the detaining authority's subjective satisfaction and showed that the preventive purpose had lost immediacy. The explanation that the detenu had evaded arrest was not accepted as credible in the absence of effective efforts to trace him. The detention order was therefore held vitiated and invalid.

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Issues: Whether inordinate and unexplained delay of about 26 years in executing a preventive detention order under the COFEPOSA Act snapped the live and proximate link between the alleged prejudicial activity and the detention, thereby vitiating the detention order.

Analysis: Preventive detention is intended to forestall future prejudicial conduct, and its efficacy depends upon prompt execution of the order. Where there is a long and unexplained delay in securing the detenu, the delay throws doubt on the genuineness of the detaining authority's subjective satisfaction and indicates that the preventive purpose has lost immediacy. On the facts, the authorities failed to satisfactorily explain the extraordinary lapse of time between the making and execution of the detention order. The asserted explanation that the detenu had evaded arrest was not accepted as credible in the absence of effective and prompt efforts to trace and secure him over the long period.

Conclusion: The detention order was vitiated by unreasonable and unexplained delay in execution, and the writ petition was allowed with the detenu directed to be released forthwith.

Ratio Decidendi: An unexplained and inordinate delay in executing a preventive detention order can snap the live and proximate link between the grounds of detention and the preventive purpose, thereby rendering the detention invalid.

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