1999 Supreme(Bom) 840
IN THE HIGH COURT OF BOMBAY
D.K. Trivedi D.G. Deshpande, JJ.
Smt. Poonam w/o. Pandharinath Laxman Waringe..... Petitioner.
Versus
Shri B.S. Mohite, Commissioner of Police others..... Respondents.
Criminal Writ Petition No. 173 of 1999, decided on 29-10-1999.
Advocates appeared :
Shirish Gupte with P.D. Naik, for the petitioner.
R.L. Patil, A.P.P., for the State.
Subject
Public Order - Dangerous Persons
Act Referred
Headnote
A) Giving threat to the Mayor of Ulhasnagar on 25-8-1997 at 12.30 hrs. on phone that the Mayor and Deputy Mayor will be killed and cut to pieces. At the same time other gang members of the detenu had gone to the house of Ganesh Chaudhary and gave threats to him. The Mayor was required to seek police protection and it was given to him.
(B) On 15-5-1998 the detenu wanted to shift his brother in law to the hospital. He went to the Station Naka at 17.00 hours, two ambulances were stationed there but the drivers were not there. Detenu got enraged and broke the front glass of both the ambulances, creating panic amongst the public. The constable Mahadeo Parshuram, Deshmukh who was present nearby, was informed about the incident. He came to the spot with his colleagues i.e. other police constables and when the detenu was questioned, the detenu threatened and abused them creating terror. Offence under sections 427 and 353 of I.P.C. was registered against the detenu.
(C) Conspiracy to Kill Mohan Variyaldas Behrani, who was voicing his grievance publicly of the illegal activities and goondaism and extortion by the detenu and in pursuance of the conspiracy attempt to kill the said Mohan Behrani with the help of other gang leaders on 28-6-1998 at about 14.50 hours near the factory of said Mohan Behrani.
(D) On 10-9-1998 as per the confidential statement given by witness 'A' detenu went to Gajanan Market. Ulhasnagar where a shop owner on seeing him gave him Rs. 20,000/- but detenu threw that amount and abused the shop owner and demanded Rs. 1,00,000/- and assaulted the witness 'A'. His associate Kailas who was armed with knife threatened the members of public with his knife creating terror amongst the shop keepers, there was hue and cry in the market and due to fear shopkeepers closed down their shutters. The members of public ran helter and shelter.
(E) As per the confidential statement of witness 'B' on 10-9-1998 detenu went to the Beer Bar and Permit Room in Ulhasnagar, asked the witness 'B', who was Manager, about the owner and when the owner was not there, demand of money was made. Witness 'B' could not satisfy. The Manager was abused, thereupon the detenu and his associates broke the glasses, threw the eatables. Customers and waiters started running and detenu caused damage to the extent of Rs. 10,000/- to the hotel and threatened the Manager that if the owner does not pay the amount within two days then the hotel would be destroyed completely.
2. While considering the validity of the detention orders, two criterias have been laid down i.e. whether the activities of the detenu affect the even tempo of life of the community adversely and whether they create law and order problem in public or affect public order. Public order is distinguished from law and order. The word 'order' as per Concise Oxford Dictionary means amongst other things, a social class or rank, set of persons separate and homogeneous as regards social level. Secondly, it means that arranged in systematic way, regulate, array, condition in which every part or unit is in its right place :tidiness, normalcy or healthy or efficient state; it also means constitution of world, where things normally happen, collective manifestations of natural forces or laws, natural or moral or spiritual system with definite tendencies.
3. Along with the meaning 'order' the meaning of the word 'orderly' has to be seen. As per the dictionary, it means, methodically arranged or inclined, regular, obedient to discipline, not unruly, well behaved.
4. When the word 'order' is used in conjunction with the "public" it therefore means, pa