A single incident, if it prejudicially affects public order, may justify detention under the National Security Act, 1980.

( 1 ) A refernce to the larger Bench has been made on the issue as to whether a single incident can be the basis for passing a detention order under the National Security act, 1980 (hereinafter called the Act), and as to whether the lucknow Bench of this Court has rightly decided the case vide order dated 30-8-2001 in Writ Petition No. 315 (HC) of 2001 duksheshwar Singh alias Babbu Singh v. Superintendent, Central Jail, Basti.

( 2 ) THE facts of the case as given in the detention order of the petitioner are that the petitioner along with his associates looted a bus No. UP 53 L 1442 while going from Basti to Lucknow on 16-3-2001, having a large number oi passengers, at the point of country-made pistol (Katta), threatening the driver of the Bus and the passengers. One passenger was robbed of Rs. 5. 6 lacs. The driver was asked on gun point to stop the bus and the robbers ran away with the booty. The police came on the spot and the petitioner along with other co-accused fired with Katta, created a panic and terror. An f. I. R. was lodged under Ss. 394/397/307/411, I. P. C. read with S. 7 of the Criminal law Amendment Act at the Police Station harraiya. Petitioner was arrested on 21-3-2001 on the basis of the confessional statement of the co-accused and a sum of Rs. 2. 5 lacs was recovered from him. The petitioner was served a detention order dated 3-5-2001 (impugned) while he was in jail and was trying to get the bail from the Court under S. 3 (2) of the Act, and the co-accused had been granted bail vide order dated 27-3-2001.

( 3 ) THE detention order has been challenged on various grounds and particularly that a solitary incident cannot be the basis of invoking drastic provisions of the Act.

( 4 ) DURING the pendency of the petition, the detention order passed against the co-accused-Dukheshwar Singh stood quashed by this Court vide judgment and order dated 30-8-2001 mainly on the ground that a single incident is not enough to pass the detention order under the Act and some extraneous material had been placed before the authority, which may have been the basis of his subjective satisfaction. The other division Bench of this Court did not agree with this view. Hence this reference.

( 5 ) THE period of detention expired long back and so petitioners counsel was not interested in assisting the Court. Shri D. S. Misra was requested to address the Court for making legal submissions only. Sri D. S. Misra submitted that a single incident may not be the basis for passing detention order, and as the Detaining Authority in the instant case was pursuaded by the extraneous and irrelevant considerations, the detention order stood vitiated. It was a case of law and order and not of "public order" warranting the detention. Even if one of the grounds is vague, irrelevant or non-existent, not connected with the person concerned, the detention order stands vitiated. Report of the sponsoring authority referred to various incidents though the petitioner was never involved in any criminal case prior to the present incident. Provisions of Art. 21 of the Constitution require to be construed strictly as no person can be deprived of his life and liberty without following the procedure prescribed by law.

( 6 ) ON the contrary, Sri Arvind Tripathi, learned Government Advocate submitted on behalf of the State that in exceptional circumstances a single incident can be a good ground for detaining a person under the Act. In the instant case, the report of the Sponsoring Authority related to the incident dated 16-3-2001, and so no irrelevant material could be the basis for subjective satisfaction of the Detaining Authority. Even if some of the grounds are irrelevant, the order of detention does not vitiate for the reason that the grounds are severable and such an argument is not permissible after insertion of s. 5-A in the Act by amendment. The impact of the incident on public life was such, that it warranted detention of the petitioner and hi