MOHD. SUBRATI ALIAS MOHD. KARIM vs STATE OF WEST BENGAL

The Supreme Court upheld the preventive detention order under Section 3(1) and (2) of the Maintenance of Internal Security Act, 1971, stating that the Act allows for detention based on subjective satisfaction of the authorities regarding threats to national security, independent of criminal trial outcomes. The Court emphasized that the right to personal liberty is not absolute and can be restricted in the interest of society, particularly when individual actions disrupt essential services. The Court ruled that the detention order cannot be challenged on the grounds that the individual should have been tried for the offense, affirming the distinct jurisdiction of preventive detention from judicial trial processes.