Preventive detention fails where prior involvement, unexplained delay, withheld material, and copy-paste grounds undermine subjective satisfaction.

Preventive detention was found vulnerable where the detaining authority had prior involvement in the same matter, undermining independent subjective satisfaction. Unexplained delay between the alleged prejudicial activity and the detention orders broke the live and proximate link required for detention. The Court also treated non-consideration of retracted statements, withheld vital material, and omitted circumstances bearing on future propensity as fatal to the satisfaction process. Delay in deciding representations was likewise inconsistent with the prompt consideration required by Article 22(5). Mechanical reproduction of grounds from another case further demonstrated non-application of mind, rendering the detention orders unsustainable.

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Issues: (i) whether the detaining authority acted independently and without bias; (ii) whether the detention orders were vitiated by inordinate delay; (iii) whether the detention orders suffered from non-application of mind due to non-consideration of vital material and retractions; (iv) whether the detaining authority properly assessed the detenus' propensity to continue prejudicial activities; (v) whether there was delay in deciding the detenus' representations by the Central Government; and (vi) whether the detention orders were mechanically lifted from an entirely different case.

Issue (i): whether the detaining authority acted independently and without bias

Analysis: The detaining authority had authored an earlier communication in the same matter months before passing the detention orders, and that communication showed active monitoring and coordination of the investigation. The same person, acting first in one official capacity and later as the specially empowered detaining authority, had already dealt with the very same case. The Court held that such prior involvement destroyed the requirement of an independent and unbiased exercise of subjective satisfaction.

Conclusion: The issue was decided against the respondents and in favour of the detenus.

Issue (ii): whether the detention orders were vitiated by inordinate delay

Analysis: The detention orders were passed many months after the alleged incident and after the detenus had been on bail. The explanation of later receipt of overseas material was not reflected in the detention orders or relied upon as part of the material placed before the detaining authority. The Court held that the delay was not satisfactorily explained and that the live and proximate link between the alleged prejudicial activity and the need for detention had been broken.

Conclusion: The issue was decided against the respondents and in favour of the detenus.

Issue (iii): whether the detention orders suffered from non-application of mind due to non-consideration of vital material and retractions

Analysis: The detention orders relied heavily on statements that had been retracted, while the belated rebuttals were treated only cursorily. Retracting statements of co-accused that were relied upon were not placed before the detaining authority. Other material bearing directly on the necessity of detention, including documents affecting the legality and relevance of the alleged prejudicial conduct, was also omitted. The Court held that these omissions prevented proper subjective satisfaction.

Conclusion: The issue was decided against the respondents and in favour of the detenus.

Issue (iv): whether the detaining authority properly assessed the detenus' propensity to continue prejudicial activities

Analysis: The Court held that the detaining authority failed to consider relevant circumstances showing that future prejudicial activity was unlikely, including the company's placement in the Denied Entity List, the suspension of the customs appraiser alleged to be part of the mechanism, the seizure of the passport of one detenu, the conduct of the detenus after release on bail, and the provisional release order passed by the appellate forum. These omissions vitiated the assessment of propensity.

Conclusion: The issue was decided against the respondents and in favour of the detenus.

Issue (v): whether there was delay in deciding the detenus' representations by the Central Government

Analysis: The representations were filed well before the reference to the Advisory Board, yet the Central Government did not decide them expeditiously and instead delayed disposal until after the Board process progressed. The constitutional mandate under Article 22(5) required prompt consideration, and the delay was found to be inordinate and unexplained.

Conclusion: The issue was decided against the respondents and in favour of the detenus.

Issue (vi): whether the detention orders were mechanically lifted from an entirely different case

Analysis: On comparison with another detention order passed by the same authority in a different matter, the Court found the grounds to be substantially identical save for names and references. This indicated a copy-paste exercise and mechanical drafting, demonstrating clear non-application of mind.

Conclusion: The issue was decided against the respondents and in favour of the detenus.

Final Conclusion: The detention orders could not stand, as the Court found bias, delay, non-application of mind, failure to assess propensity on relevant material, unreasonable delay in dealing with representations, and mechanical reproduction of grounds. The writ petitions were therefore allowed and the detenus were ordered to be released.

Ratio Decidendi: Preventive detention is invalid where the detaining authority lacks independence or is predisposed by prior involvement in the same matter, where vital material and retractions are withheld or ignored, or where unexplained delay breaks the live link between the alleged prejudicial activity and the need for detention.

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