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Judgment
6 paragraphs · 190 wordsS. Manu, J.
The petitioner is the mother of detenu namely, Salmanul Faris, who is detained pursuant to Ext.P1 order of the 2nd respondent issued on 26.12.2023. He has been detained since 04.01.2024.
We have heard the learned counsel for the petitioner and the learned Public Prosecutor.
Though several contentions are raised, we note that the last prejudicial activity was on 10.07.2023. The detention order was passed only on 26.12.2023 and the same was executed on 4.01.2024. We find that there is a considerable delay from the date of last prejudicial activity and the issuance of the order of detention.
On a perusal of Ext.P1, we note that there is no satisfactory reasons mentioned to explain the delay. No counter pleading to justify the delay is also available. Hence, we hold that the live-link between the last prejudicial activity and the order of detention was snapped and therefore, Ext.P1 order cannot be sustained. We, therefore, set aside Ext.P1 order and direct that the detenu shall be released forthwith if his custody is not required in connection with any other proceedings.
This W.P.Crl. is allowed as above.