https://www.taxtmi.com/caselaws?id=175317 Preventive detention under the National Security Act, 1980 cannot be sustained against a detenu already in custody unless the detaining authority shows awareness of that custody, cogent material indicating a real likelihood of release on bail, and a proximate live link between past activities and the need for detention. A bare apprehension that bail may be granted is insufficient to establish valid subjective satisfaction under Articles 21 and 22(2) of the Constitution. Where the relied-on incidents are stale or remote and no immediate necessity is shown, the detention order is unsustainable and liable to be quashed. en-us Wed, 04 Jan 2012 00:00:00 +0530 Sat, 21 Nov 2015 22:37:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=175317 Preventive detention under the National Security Act, 1980 cannot be sustained against a detenu already in custody unless the detaining authority shows awareness of that custody, cogent material indicating a real likelihood of release on bail, and a proximate live link between past activities and the need for detention. A bare apprehension that bail may be granted is insufficient to establish valid subjective satisfaction under Articles 21 and 22(2) of the Constitution. Where the relied-on incidents are stale or remote and no immediate necessity is shown, the detention order is unsustainable and liable to be quashed. Case-Laws Indian Laws Wed, 04 Jan 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=175317