https://www.taxtmi.com/caselaws?id=169238 Preventive detention under the Maintenance of Internal Security Act, 1971 operates as a preventive measure based on the detaining authority's subjective satisfaction and is distinct from criminal prosecution. The availability of a possible prosecution, or the possibility that evidence may be insufficient or witnesses may be reluctant to testify because of fear, does not by itself invalidate detention where past conduct indicates a reasonable likelihood of future prejudicial conduct. Conduct affecting essential supplies and services was treated as relevant to the statutory purpose. The challenge of mala fides was rejected because the record did not show that the detention order was improper merely because prosecution was not pursued. en-us Tue, 14 Nov 1972 00:00:00 +0530 Wed, 08 Apr 2015 11:55:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=169238 Preventive detention under the Maintenance of Internal Security Act, 1971 operates as a preventive measure based on the detaining authority's subjective satisfaction and is distinct from criminal prosecution. The availability of a possible prosecution, or the possibility that evidence may be insufficient or witnesses may be reluctant to testify because of fear, does not by itself invalidate detention where past conduct indicates a reasonable likelihood of future prejudicial conduct. Conduct affecting essential supplies and services was treated as relevant to the statutory purpose. The challenge of mala fides was rejected because the record did not show that the detention order was improper merely because prosecution was not pursued. Case-Laws Indian Laws Tue, 14 Nov 1972 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=169238