AI Overview...
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Likely to Disturb Public Peace or Order - The sources emphasize that actions or activities are considered likely to disturb public peace or order if they have the potential to cause unrest, breach of harmony, or threaten social stability. For instance, activities such as bootlegging (00400006619), religious disturbances (00900037039), or acts promoting enmity (01100022159) are viewed as prejudicial when they can incite violence or discord Chandrakant @ Bala Ramchandra Kadam VS S. Rammurthi, Commissioner of Police & others - Bombay, Tonic @ Lutfar Rahaman VS State of West Bengal - Calcutta, BAKU RAO PATEL VS STATE OF DELHI - Delhi.
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Preventive Detention and Subjective Satisfaction - Detaining authorities must have a subjective satisfaction based on the potential future activity that could disturb public order (02500113197). The potentiality of an act to disrupt the even tempo of community life is crucial for preventive detention decisions Munna Alias Shahanwaz Thru. Father Shabban Khan VS State Of U. P. Thru. Prin. Secy. Home Lko. - Allahabad.
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Distinction Between Actual and Likely Disturbance - Several sources clarify that the law considers the likelihood or potential of disturbance, not necessarily actual disturbance. For example, orders under Section 145 or actions based on suspicion of future breach of peace are valid if there is a reasonable basis to believe disturbance might occur (01100032273), Munna Alias Shahanwaz Thru. Father Shabban Khan VS State Of U. P. Thru. Prin. Secy. Home Lko. - Allahabad.
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Activities Not Deemed Fit to be Disturbed - Certain appointments or activities, such as examinations or lawful orders, are deemed not fit to be disturbed, emphasizing that not all activities are considered likely to disturb peace (00100060399).
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Analysis and Conclusion - Overall, the main insight is that activities or individuals are considered likely to disturb public peace or order if there is a reasonable apprehension, based on evidence or suspicion, that their actions could incite violence, breach communal harmony, or threaten social stability. The law permits preventive measures, including detention, based on this potentiality, emphasizing prevention over reaction. The concept hinges on the likelihood rather than actual disturbance, ensuring proactive safeguarding of public peace Anand Prakash Pandey VS Commissioner Faizabad Region, Faizabad - Allahabad, NIRMAL SINGH VS HARINDER SINGH GROVER - Delhi, Aravindan VS State of Kerala - Crimes.
References:
- U. P. PUBLIC SERVICE COMMISSION VS MANOJ KUMAR YADAV - Supreme Court, Anand Prakash Pandey VS Commissioner Faizabad Region, Faizabad - Allahabad, Tonic @ Lutfar Rahaman VS State of West Bengal - Calcutta, Chandrakant @ Bala Ramchandra Kadam VS S. Rammurthi, Commissioner of Police & others - Bombay, Munna Alias Shahanwaz Thru. Father Shabban Khan VS State Of U. P. Thru. Prin. Secy. Home Lko. - Allahabad, Subal Chandra Ghosh, Sunil Kumar Day VS State Of W. B. - Supreme Court, Govind Pandurang Chowdhary VS R. D. Tyagi Commissioner of Police & others - Bombay, NIRMAL SINGH VS HARINDER SINGH GROVER - Delhi, Aravindan VS State of Kerala - Crimes, BAKU RAO PATEL VS STATE OF DELHI - Delhi
Search Results for "Likely to Disturb"
2018 2 Supreme 380 • India - Supreme Court
S.A.BOBDE, L.NAGESWARA RAO
In view of the above, we do not deem it fit to disturb the appointments made pursuant to the selections in the examinations conducted in 2004. ... 16.
1986 0 Supreme(All) 108 • India - Allahabad
K.NATH
It was emphasized that there was no valid basis for the apprehension that the petitioner was likely to disturb public peace or public ... to disturb public peace or public safety. ... to disturb public peace or public safety. ... to disturb public peace or public safety. ... an apprehension that according to experience, matters of personal controversy, initially, escalated into events affecting peace and security of the public at large subsequently, is only a conjecture ; the impugned orders, do not con....
2015 0 Supreme(Cal) 102 • India - Calcutta
NISHITA MHATRE, SAMAPTI CHATTERJEE
to disturb the public tranquillity. ... to disturb the public tranquillity? ... to disturb the public tranquillity. ... The evidence on record establishes mens rea of the appellants to commit an act which is prejudicial to the maintenance of harmony between different religious groups which was likely to disturb the public tranquillity. In such circumstances, in our opinion, Section 153A is correctly attracted. ... It was their common object to disturb the celebration and destroy the id....
1992 0 Supreme(Bom) 16 • India - Bombay
B.N.DESHMUKH, SUJATA V.MANOHAR
TO DISTURB PUBLIC ORDER AND IS SUCH AS IS LIKELY TO POSE A THREAT TO THE MAINTENANCE OF PUBLIC ORDER. ... Finding of the Court: The court held that the bootlegging activity of the petitioner was such as is likely to disturb ... public order and is such as is likely to pose a threat to the maintenance of public order. ... These incidents clearly indicate that the bootlegging activity of the petitioner is such as is likely to disturb public order. ... In the present c....
2023 0 Supreme(All) 1395 • India - Allahabad
NARENDRA KUMAR JOHARI, SANGEETA CHANDRA
preventive detention necessitate subjective satisfaction of the detaining authority based on potential future activity that could disturb ... It is the potentiality of the act to disturb the even tempo of the life of the community which makes it prejudicial to the maintenance of public order. ... /police concerned that if petitioner is released on bail, he can again indulge in criminal activities and will attempt to disturb the communal harmony of the society. ... Disturbance of public order is to be distinguished from acts directed again....
1971 0 Supreme(SC) 648 • India - Supreme Court
P.JAGANMOHAN REDDY, D.G.PALEKAR
to disturb public order - Distt. ... to disturb public order – Held, court have earlier pointed out in other Writ Petitions disposed of today that under Section 3 (2 ... passengers of compartment panicky and public order was disturbed thereby - Whether such an offence as is alleged against the detenu is likely ... , or is likely to disturb, public order. ... The question therefore, is whether such an offence as is alleged against the detenu is likely to disturb public....
1990 0 Supreme(Bom) 173 • India - Bombay
M.L.PENDSE, D.J.MOHARIR
to commit offences or who are likely to disturb public peace. ... The surveillance is kept not only in respect of persons who are likely to commit offence but who are also likely to disturb public ... others would disturb public peace and tranquility only on certain occasions like the visit of VIP or the religious functions. ... The surveillance is kept not only in respect of persons who are likely to commit offence but who are also likely to #HL_STA....
2010 0 Supreme(Del) 407 • India - Delhi
VIPIN SANGHI
Criminal Procedure Code, 1973—Sections 145 and 482—Constitution of India—Article 227—Land dispute likely to disturb peace—Order under ... She submits that the fact that the SDM had issued notice under Section 145 itself leads to the assumption that he was satisfied with regard to the existence of a dispute in relation to an immovable property and that the dispute was likely to cause breach of peace. ... It is also imperative that the Executive Magistrate makes an order in writing, stating the grounds of his being so satisfied with regard ....
• India - Crimes
CHANDRASEKHARA MENON
to disturb peace constitute unlawful assembly under Section 141? ... Indian Penal Code, 1860 - Section 141-Unlawful assembly - Ingredients of, explained-Would mere fact assembly of 5 or more persons likely
1973 0 Supreme(Del) 192 • India - Delhi
R.N.AGGARWAL
to disturb public peace is not a requirement - Constitutionality of S. 153A IPC - Whether violative of freedom of speech and expression ... CRIMINAL LAW - S. 153A IPC - Promoting enmity between different groups on grounds of religion - Whether the article is likely ... Whether the articles published by the editor were likely to promote feelings of enmity or hatred between Hindus and Muslims on grounds ... There is no requirement in section 153a (1) (a) that the offending article must be such as to disturb or li....
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