Indian Kanoon - Search engine for Indian Law

32. While considering the question of rational connection of the antecedents with the object of detention, authority could not have afforded to ignore yet another important factor. The MISA originally did not contemplate detention of smugglers. It is only by Ordinance No. II promulgated on 17th September, 1974, that their detention also has been authorised. This amendment of the Act under the Ordinance was necessitated, as per the affidavit of the Finance Secretary, by the economic chaos created, and setting up of the parallel economy, among others, as per the Expert opinion given in 1971 by the engulfing undetected smuggling activities. Thus the detaining authority could not have declined to act merely because no direct instance of the detenu's recent involvement of a few earlier years was traceable, as the Ordinance is passed on the hypothesis that recent instances have remained undetected. If he were to insist on any such material, when none is found to have been detected, he would not have been able to detain any one, and implement the legislative mandate, to prevent the apprehended threat to the security. It would, therefore, be unrealistic and illogical to apply such tests of 'live link' in the same rigid manner in which it could be applied to other categories of prejudicial activities. To insist on any material of such recent instances for the satisfaction of the authority is practically to insist on the impossible feat and would turn the MISA into a dead letter. It would amount to turn a deaf ear to what the legislature loudly proclaims. Question thus is could the detaining authority have ignored the chain of these instances of 1964 to 1968 and the 'live link' reflected therein merely because the same are removed in distance by 6 years? Could not stakes, magnitudes and nature of activities, as detailed earlier, also have reflected the durability and the strength of the said 'Live Link"? In the absence of any material to the contrary, could the authority have assumed the discontinuance erf so felt 'live link' merely from failure to detect any subsequent instance? Could the authority turn his blind eye to the inherent detection difficulties in such cases as also to the discovery of large scale undetected growing smuggling since 1971 by the experts and insist on proof of recent instances, officially declared to have remained undetected? Could he not have measured the proximity of the antecedent by reference to the object, rather than by passage of time? With all our concern for the liberty of the citizen, we find it difficult to answer these questions against the authority. We are not oblivious of the possibility of misuse of such powers and the threat, it is likely to pose to the liberty of innocent citizen. But indifference to the security of Society is as much a matter of concern, as the callous disregard to such liberties. Inability to detect such activities for long, deplorable as it is, and indignation therefor, cannot afford any answer to the claim of the administration to act and strike, to meet the threat, with available material, weapons, and methods,