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1984 Supreme(All) 286
High Court Of Allahabad
K. N. Goyal, K. N. Misra, JJ.
Guddoo : Appellant
Versus
District Magistrate, Lucknow : Respondent
H. C. Writ Petition No. 894 of 84
Decided On : May 24, 1984
A. Bose, S. D. Singh, G. A. Pathak
The distinction between public order and law and order is not in the nature or quality of the act, but in the degree and extent of its reach upon society. An act may affect individuals and be a matter of law and order, but if it has the potential to disturb the even tempo of life in the community, it affects public order.
Headnote:
NATIONAL SECURITY ACT - DETENTION ORDER - GROUNDS - PUBLIC ORDER - LAW AND ORDER - DISTINCTION - SUFFICIENCY OF GROUNDS - JUDICIAL REVIEW.
Fact of the Case:
The petitioner, under trial in several criminal cases, was detained under the National Security Act (NSA) on grounds of involvement in incidents of violence, robbery, and use of firearms. He challenged the detention order, arguing that the grounds did not relate to public order but only to law and order.
Finding of the Court:
The court held that the grounds for detention were sufficient to justify the subjective satisfaction of the detaining authority and that they were neither vague nor irrelevant. The court distinguished between public order and law and order, stating that an act may affect individuals and be a matter of law and order, but if it has the potential to disturb the even tempo of life in the community, it affects public order.
Issues: 1. Whether the grounds for detention under the NSA were sufficient to justify the subjective satisfaction of the detaining authority? 2. Whether the grounds were vague, irrelevant, or lacking in particulars?
Ratio Decidendi: 1. The court held that the grounds for detention, which included incidents of violence, robbery, and use of firearms, were sufficient to justify the subjective satisfaction of the detaining authority. The court reasoned that such acts had the potential to disturb the even tempo of life in the community and thus affected public order. 2. The court held that the grounds were not vague, irrelevant, or lacking in particulars. The court found that the grounds provided sufficient information to enable the petitioner to understand the reasons for his detention and to make representations against the detention order.
Final Decision: The court dismissed the petition, upholding the detention order.
K. N. Misra
1. THIS writ petition in the nature of Habeas Corpus, is directed against the detention order dated 25th December, 1983 passed by the District Magistrate, Lucknow under sub-section (2) of Section 3 of the National Security Act, 1980 and against the order dated 31st December, 1983 passed by the State Government confirming the said order of the District Magistrate, Lucknow. The petitioner has also challenged the order of the State Government rejecting the representation of the petitioner which was submitted by him against the detention order under the provisions of National Security Act, 1980 (for short 'the Act').
2. PETITIONER is under trial in connection which several criminal cases registered against him. He was arrested on 2-10-1983 and was lodged in jail. On 25th December, 1983 this petitioner was served with the order of detention dated 25-12-83 passed by the District Magistrate, Lucknow by the Prison Authorities, along with this grounds of detention. The followings are the grounds of detention (i) That on 15-7-1982 In the night at 945 P. M. the petitioner had abused and accosted Mukesh Kumar and had fired at him with his fire-arm (Khata), as a consequence of which Mukesh Kumar sustained injuries on his thigh. Mukesh Kumar is brother-in-law of Ratnakar Devedi and at the time of the incident he had gone to his residence at 244, Motinagar, Lucknow, to drop Ratnakar's wife there. The incident was witnessed by Ratnakar Devedi, his wife and one Sri R. C. Srivastava and an FIR was lodged at 22.10 (1010 P. M.) at Police Station Naka (Crime No. 362, u/sec. 307 IPC). A charge-sheet was submitted in the case against the petitioner and the case is now pending in Court. (ii) That on 27-7-1982 at about 10 or 10*30 A.M. complainant Anuruddha Kumar, employee of Saket Filling Centre, Chinhat, Lucknow, was going from the Petrol Pump along with Kunwar Krishna Devedi riding on Hero Majestic Motor Cycle to his employer's residence Sri L. C. Gupta of Mahanagar carrying in a bag a sum of Rs. 16,742.00 kept in the diggi of the vehicle. At some distance from the petrol pump two persons were standing on the left side of the road, one of whom threw a hand- granade at them which hit Kunwar Krishna Devedi on his leg and he fell down from the vehicle. Both these persons had fire arms (Kattas) in their bands. They took out the cash from the diggi of the vehicle and threatened the complainant that if he will try to run away, he will be shot dead. At the distance of about 20 paces a Scooter was parked on which those persons drove away along with the cash An FIR was lodged (Crime No. 251, u/sec. 394 IPC) of this incident the same day on 27-9-1982 at 13 30 at Police Station, Chinhat, District Lucknow. During investigation petitioner was found to have participated in the crime and a charge sheet was submitted against the petitioner and the case is pending in the court. (iii) That on 15-9-1983 in the night at 830 P. M. complainant Sheo Shankar Lal along with his fattier and brother Pyare lal was sitting at his betel shop on Seth Ramdas Road. Three persons came to his shop and after taking betels they took out 400 rupees from the drawer and when resisted, one of them fired with his fire-arm and the other threw a band- granade injuring the complainant and ran away with the booty towards Saket Palli. There they entered the shop of general merchandise (Parchoon) of Neelam Kesherwani and took the cash from the shop. On being sesisted they fired at Neelam Kesherwani and injured him. Thereafter at some distance they way laid a lady and snatched golden ear-rings and silver chain and ran towards Harijan Basti. In front of the shop a country made pistol and a cartridge were dropped. A report of the incident was lodged at Police Station Hazratganj (Crime No. 1014, u/secs. 394/397 IPC) on 15-9-1983 at 21-50. During investigation petitioner was found to have participated in the crime and a charge sheet was submitted and the case is now pending in the
