IMPORTANT POINT
It is the length, magnitude and intensity of the terror wave unleased by a particular erruption of disorder that helps distinguishing it as an act affecting public order from that concerning law and order.

JUDGMENT

I.P. Singh, J. - Gajendra Singh petitioner (hereinafter referred to as the detenu) has filed this writ petition under Article 226 of the Constitution of India, challenging the validity of the order dated 27.9.1984, passed by District Magistrate Gorakhpur, under section 3(2) of the National Security Act, 1984' (No. 65 of 1980) (hereinafter referred to as the Act) detaining the detenu with a view to prevent him from acting in any manner prejudicial to the maintenance of public order.

2. The detenu had been arrested on 26.9.83, when he was undergoing treatment in a hospital at Gorakhpur. The said detention order was served on him on 27.7.84 in District Jail, Gorakhpur. The grounds of the detention were also served on him along with the detention order. The said grounds are three in number, Translated in English they are as follows:-

(i) That on 22.7.83 in the night at about 12.00, the detenu alongwith Tikori Singh and Surendra Singh residents of Kalesar, P.S. Sahjanwa, district Gorakhpur, and 6 or 7 others armed with guns, Kattas and Pistols, raided the house of one Lallan Singh resident of village Mallipar, P.S. Sahjanwa and committed murders of Ravindra Nath Singh, Lallan Singh, Shesh Nath Singh and Amar Nath Singh. Nagendra Singh and Dhyanendra Singh had received injuries. With respect to this incident case crime No. 128/83, u/s 147/148/149/302/452/323 IPC was registered at P.S. Sahjanwa. It was investigated and charge-sheet was submitted and Sessions Trial was pending in the court of District Judge, Gorakhpur.

(ii) On 26.9.83, the detenu alongwith his companion Gurmukh Singh arrived in Mohalla Railway Colony, P.S. Shdhpur, distt. Gorakhpur in a Car No. P.N.D. 1368 for committing some heinous offence at about 8.45 p.m. On receiving information about this fact, S.O. Sri Rama Shanker Dube accompanied with Sri Shailendra Nath Ghoshal and R.K. Singh, S.I. reached there and surrounded the said Car. It was being driven by the detenu. On seeing the police party the detenu tried to run a way. Finding himself surrounded by the police party, he threw a bomb upon the police party and made good his escape. However, his companion Gurmukh Singh was arrested at the spot. The car was also seized. The detenu got himself admitted in the District Hospital, Gorakhpur under an alias name Paras. The police identified him latter on and arrested him there same night. The report of the incident was lodged by Sri R.K. Singh, S.I. at P.S. Shahpur, Gorakhpur. It was registered as a case crime No. 227/ 83 under section 307 IPC and crime case No. 220/83 under section 5 of the Indian Explosive Act. It was further mentioned that after investigation, charge-sheet was submitted and the Sessions trial was pending before VII Additional Sessions Judge, Gorakhpur.

(iii) On 21.7.84, the detenu sent one threatening letter to one Mr. Paul of Paul Agency, Sumer Sagar, Gorakhpur that he should come with Rs. 25,000/- to Vishnu Mandi and handover the same to the detenu's man. It also contained the threat that if the matter would be reported to the police, then he would lose his life. It is further mentioned that another letter of similar nature was sent by the detenu to one Sri Roopchand Maurya, r/o Asuran Chauk, district Gorakhpur.

3. It is further mentioned that on the basis of the threatening letter addressed to Mr. Paul, Sri Jogendra Paul Singh asked for an arm shadow, upon which the police provided armed shadow to him. It is further stated that these threatening letters has created a terror wave in the business community of Gorakhpur. The learned counsel for the petitioner (detenu) has challenged the validity of detention order on the plea that none of these three grounds could be said to have disturbed public order. At the most, there could be a problem of law and order.

The law on the subject is now well settled that the act itself is not determinate of its gravity. It is the potentiality and its reach upon the society that matters. It is the length,