ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.)

The order of detention passed by the 2nd respondent in proceedings B3/D.O.NO. 42/2024 dated 12.06.2024 is sought to be quashed in the present Habeas Corpus Petition.

2.The detenu was arrested on 08.05.2024 and thereafter, the detention order came to be passed on 12.06.2024. Further, the documents were served on the detenue after a lapse of 5 days from the date of passing of the detention order on 20.06.2024. Since, there is a delay in serving the documents, the detenue has been prevented from submitting effective representation, which is a valuable right.

3. In the case of ' Sushanta Kumar Banik Vs. State of Tripura ', reported in '2022 LiveLaw (SC) 813', when there was an inordinate delay from the date of proposal till passing of the detention order and likewise, between the date of detention order and the actual arrest, the Hon'ble Supreme Court had held that the live and proximate link, between the grounds and the purpose of detention, stands snapped in arresting the detenu. The relevant observation of the Hon'ble Supreme Court is extracted hereunder:-

“20. It is manifestly clear from a conspectus of the above decisions of th