Preventive detention requires live, relevant material; stale incidents and mere fear of bail do not justify detention.

Preventive detention under the National Security Act was analysed on the basis that the relied-upon incidents were stale, the only proximate incident had ended in acquittal, and a mere fear that the detenu might obtain bail was insufficient to justify detention. The discussion stresses that preventive detention requires live and relevant material showing present necessity; where the authority's real concern is possible release on bail, the proper course is to oppose bail or challenge a bail order. On that footing, the detention order was treated as invalid and the detenu was to be released unless otherwise lawfully detained.

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Issues: Whether the order of preventive detention under Section 3(2) of the National Security Act, 1980 could be sustained when most of the relied-upon incidents were stale and the only later incident had ended in acquittal, and whether a mere apprehension that the detenu might obtain bail was a sufficient basis for detention.

Analysis: The grounds of detention substantially rested on incidents of 1980, which were already remote by the time the impugned order was made in 1984 and had lost relevance for preventive detention. The only incident having temporal proximity was the 1983 occurrence, but that case had resulted in acquittal and therefore could not furnish a valid basis for detention. The remaining foundation of the order was the detaining authority's apprehension that the detenu might be released on bail and thereafter resume prejudicial activities. Such apprehension, by itself, was held to be insufficient to justify preventive detention; the proper course was to oppose bail or challenge a bail order in the appropriate forum.

Conclusion: The detention order was invalid and liable to be quashed; the writ petition was allowed and the detenu was directed to be released forthwith unless otherwise lawfully detained.

Ratio Decidendi: Preventive detention cannot be sustained on stale grounds or on a bare apprehension that an undertrial may be released on bail and reoffend; the detaining authority must rely on live and relevant material showing necessity for detention.

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