Point of law: The conspectus of the above decisions can be summarised thus: The question whether the prejudicial activities of a person necessitating to pass an order of detention is proximate to the time when the order is made or the live-link between the prejudicial activities and the purpose of detention is snapped depends on the facts and circumstances of each case. No hard and fast rule can be precisely formulated that would be applicable under all circumstances and no exhaustive guidelines can be laid down in that behalf. It follows that the test of proximity is not a rigid or mechanical test by merely counting number of months between the offending acts and the order of detention. However, when there is undue and long delay between the prejudicial activities and the passing of detention order, the court has to scrutinise whether the detaining authority has satisfactorily examined such a delay and afforded a tenable and reasonable explanation as to why such a delay has occasioned, when called upon to answer and further the court has to investigate whether the causal connection has been broken in the circumstances of each case.

JUDGMENT :

1. Being transmitted by the Supreme Court, this Habeas Corpus petition is before us for adjudication.

2. Smt. Nuzhat Parween, mother of the detenue Dr. Kafeel Khan has preferred this petition assailing validity of the detention order dated 13th February, 2020 passed by the District Magistrate, Aligarh invoking powers under sub-Section (2) of Section 3 of the National Security Act, 1980. Factual matrix of the case is as follows:-

3. After obtaining the degree of Doctor in Medicine (MD), Dr. Kafeel Khan, the detenue entered in service of the State of Uttar Pradesh being appointed as Lecturer at Baba Raghav Das Medical College, Gorakhpur (B.R.D. Medical College, Gorakhpur) in the month of August, 2016.

4. An unfortunate incident occurred at the teaching hospital attached with B.R.D. Medical College, Gorakhpur in the intervening night of 10/11 August, 2017 due to unexpected shortage in supply of liquid oxygen. In a course of disciplinary action, the detenue was placed under suspension on 22nd August, 2019, which was followed by a memorandum of allegations dated 12th September, 2017.

5. For the ill-happenings in the intervening night of 10th/11th August, 2017, a criminal case was also registered against detenue and eight other Doctors working at B.R.D. Medical College, Gorakhpur for the alleged commission of offences under Sections 409, 308, 120B, 420 Indian Penal Code, 1860, Section 15 of Indian Medical Council Act, 1956 and Section 66 of the Information Technology Act, 2000. The case aforesaid was lodged on 23rd August, 2017 at Police Station Hazratganj, Lucknow and the same was transferred for investigation to Police Station Gulhariya, Gorakhpur. The investigating agency arrested the detenue on 2nd September, 2017 but was released on bail in pursuance of an order dated 25th April, 2018 passed by learned single Bench of this Court.

6. As per the averments contained in the petition for writ, the petitioner and his other family members including the detenue were continuously harassed and victimized by the State authorities including the District Administration, Gorakhpur by several means. Details of certain such events and incidents are given in paragraphs 24 to 30 of the petition.

7. In the month of December, 2019, Government of India introduced Citizenship Amendment Bill that came to be passed by both houses of Parliament in their winter session and was also assented to by His Excellency, the President of India on 12th December, 2019. The Act triggered protests across several parts of the country. On 12th December, 2019 itself the detenue and Dr. Yogendra Yadav addressed a gathering of protesting students at Aligarh Muslim University, Aligarh. On 13th December, 2019 at the instance of Sub-Inspector of Police, Sri Danish a criminal case was lodged against the detenue under Section 153-A of the Indian Penal Code at Police Station Civil Lines, Aligarh. The offences under Section 153B, 109, 505(2) Indian Penal Code were added subsequently and, during course of investigation the detenue was arrested on 29th January, 2020. Under an order dated 31st December, 2019 passed by the District Magistrate, Aligarh he was transferred to District Jail, Mathura.

8. An application preferred by the detenue for his release on bail came to be accepted by the Chief Judicial Magistrate, Aligarh vide order dated 10th February, 2020. The order aforesaid reads as under:-

“BAIL ORDER

At the Court of Chief Judicial Magistrate Aligarh

10.02.2020

The accused Dr. Kafeel has submitted a bail application in the order of Case Crime No.-700/2019, Section 153A, 153B, 505(2), 109 IPC, P.S. Civil Line, stating that the applicant/accused is innocent and falsely implicated. There is no criminal history of the accused therefore bail has been sought.

Opposing the bail application, the Ld. Assistant Prosecuting Officer, it has been said that the accused is criminal in nature and the nature of the crime committed by the accused is of a serious nature. Against the above argume