MUSTAFAKHAN TASWARKHAN Vs. R.D.TYAGI

JUDGEMENT

(1.) BY means of this petition preferred under Article 226 of the Constitution of India, the petitioner / detenue has impugned the detention order dated 7th December 1995 passed by respondent no.1 by virtue of the powers vested in him by sub section (1) of Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug Offenders Act. 1981 (No.LV of 1981) detaining him under the National Security Act.

(2.) WE have heard Dr.U.M.Tripathi for the petitioner and Dr.D.A.Nalawade for the Respondents.

(3.) ALTHOUGH in the grounds of petition a number of grounds have been pleaded but since the petition is likely to succeed on one ground we do not propose to advert to the other grounds. The ground on which the petition, in our judgment, should succeed in contained in ground (f) and that in substance is that in between the date of the incident giving rise to the last of the three in camera statements i.e. 15.4.1995 and the date of issuance of the detention order viz. 7.12.1995 there has been nearly a time lag of 8 months and this has snapped the live-link between the prejudicial activity of the petitioner and the rationale of clamping the detention order on him.