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1992 Supreme(All) 358

IN THE HIGH COURT OF ALLAHABAD
PALOK BASU, G. S. N. TRIPATHI, JJ.
WAZIR YADAV - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
HAB. COR. WRIT PETN. 13381 Of 1992
Decided On : 07/10/1992

Advocates Appeared:
P.L.SAWHNEY

The main legal point established in the judgment is the distinction between 'law and order' and 'public order' and the application of Article 14 of the Constitution to ensure equality before the law in matters of preventive detention.

Headnote:

National Security Act - Public Order - Section 3 (3) of the National Security Act - Summary of the acts and sections referenced and discussed by the court: The court discussed the distinction between 'law and order' and 'public order' and emphasized the degree of disturbance and its effect upon the life of the community in determining the nature and character of breach of public order. The court referred to several decisions of the Hon'ble Supreme Court and Division Bench decisions of the High Court to support its interpretation of the legal provisions.

Fact of the Case:

The petitioner, Wazir Yadav, was detained under Section 3 (3) of the National Security Act (N. S. A.) based on several incidents of serious criminal activities, including inciting violence, terror, and causing damage to property in college premises. The District Magistrate felt satisfied that the petitioner's actions were prejudicial to the maintenance of public order.

Finding of the Court:

The court found that the grounds of detention referred to problems of public order and rejected the argument that the actions were only related to law and order issues. The court also rejected the arguments related to delay in the disposal of representations and held that the continued detention of the petitioner was not arbitrary.

Issues: The primary issues argued on behalf of the petitioner were related to the nature of the grounds of detention, delay in the disposal of representations, and the release of a co-detenu with identical grounds of detention.

Ratio Decidendi: The court emphasized the distinction between 'law and order' and 'public order' and held that the degree of disturbance and its effect upon the life of the community determines the nature and character of breach of public order. The court also invoked Article 14 of the Constitution to uphold the principles of equality before the law and the provisions of the National Security Act.

Final Decision: The court allowed the petition, held the continued detention of the petitioner as bad, and directed the petitioner to be set at liberty forthwith if not wanted in any other case.

PALOK BASU, J.


( 1 ) IN spite of several decisions by the Honble Supreme Court and following them, by this Court and perhaps all other High Courts, counsel are emboldened to argue that the given case may not fall within the ambit of "acting in any manner prejudicial to the maintenance of public order" and shall be confined to the "law and order" problem. In the instant case, however, since the petitioner Wazir Yadav claims himself to be a 28 years aged man, being a student of Class M. Ed. in Nanak Chand Angle Sankrit College, Meerut and that he is a sportsman and a renowned social worker and further claims to be a student leader, his actions as reported through grounds 1, 2, 3 and 4 appear to be too serious to countenance the aforesaid argument.

( 2 ) IT appears that on 26-2-92 the District Magistrate has passed an order of detention under Section 3 (3) of the National Security Act (N. S. A. ). In passing the said order, the District Magistrate felt satisfied that since it vas necessary to prevent the petitioner from acting in any manner prejudicial to the maintenance of public order, the passing of the order under N. S. A. was imperative. He based his satisfaction on the following grounds which too were supplied to the petitioner and served along with the said detention order dated 26/02/1992 when he was arrested :- (1) On 20-1-92 at about 12 noon, Wazir Yadav along with his companions Om Prakash and others came to D. M. College, Meerut in connection with matters of Chhatra Sangh (Students Union) for the purpose of inciting violence and terror through his speeches and within that end in view went to the Principals room and caused damage to the property and also pulled up glass kept on the table and threw it on the Principal. As a result of all this lawlessness in the campus and feeling of insecurity gripped the teachers and employees etc. in the college and all of them became scared. Regarding this incident, First Information Report has been lodged at Police Station Delhi-gate Meerut, under Sections 147, 323, 504 and 506 IPC and Section 427 IPC against case crime No. 45/92 which is under investigation; (2) On 21-1-1992 Wazir Yadav formed a group of miscreants whose object was to infuse lawlessness and terror in the college premises, amongst whom Om Prakash and Dheeraj were prominent. He along with said group arrived at N. A. S. College, Meerut at 10. 20 a. m. ; forcibly dragged students out of the class-rooms and started giving speech in order to incite the students to resort to a fight unto and indulge in violent activities in connection with matters of Chhatra Sangh, misbehaved with the Principal and the teachers and attempted to murder them with knives. As a result of all this, lawlessness in the campus and feeling of insecurity gripped the college. A report about it was lodged at Police Station Civil Lines, Meerut as crime No. 36/92 under Sections 147, 323, 352, 504, 341, 307 and 506 IPC and Section 7 Criminal Law Amendment Act, which is under investigation; (3) In the same continuation, again on 13-2-1992 when Sri P. C. Pachaury, Principal D. N. College, Meerut was proceeding from his residence to his college around 10. 30 a. m. at a public crowded road in front of Reghunath Girls Degree College the petitioner along with 20-25 accomplices in an utterly daring manner, surrounded him amongst whom Om Prakash and Dheeraj were prominent. Dr. P. C. Pachaury was beaten with fists and manhandled on the road and was threatened to be murdered by country-made pistol and similarly a threat was extended to liquidate his family members also. As a result of all this, feeling of insecurity and fear gripped the teachers in general and Dr. P. C. Panchaury in particular. Regarding this incident a report was lodged at police station Civil Lines Meerut as Crime No. 71/92 under Sections 147, 323, 506 IPC which is under investigation; (4) In continuation of the aforesaid incident dated 13-2-1992, Wasir Yadav accompanied with 10 or 12 persons a






































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