https://www.taxtmi.com/caselaws?id=194002 Preventive detention under the National Security Act must rest on material with a rational nexus to the need for detention, and the Court may test whether the subjective satisfaction has an objective foundation. Statements recorded under Section 161 of the Criminal Procedure Code are not substantive evidence and cannot, without corroboration, sustain detention; the other documents relied on did not independently establish prejudicial activity. Article 22(5) also requires a prompt and effective opportunity to represent against detention, so unexplained delay in forwarding the detenu's representation is a constitutional infirmity. The text states that both defects vitiated the detention order. en-us Mon, 27 Sep 2010 00:00:00 +0530 Tue, 08 Aug 2023 13:16:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=194002 Preventive detention under the National Security Act must rest on material with a rational nexus to the need for detention, and the Court may test whether the subjective satisfaction has an objective foundation. Statements recorded under Section 161 of the Criminal Procedure Code are not substantive evidence and cannot, without corroboration, sustain detention; the other documents relied on did not independently establish prejudicial activity. Article 22(5) also requires a prompt and effective opportunity to represent against detention, so unexplained delay in forwarding the detenu's representation is a constitutional infirmity. The text states that both defects vitiated the detention order. Case-Laws Indian Laws Mon, 27 Sep 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=194002