In a recent ruling by the Gujarat High Court, the detention order dated 11.11.2023 in a public order case has been quashed. This decision impacts the petitioner involved in the case and highlights the distinction between serious public disorder and minor breaches of peace of local significance. Stay informed about this landmark judgment that addresses the balance between individual rights and public order concerns.
Issue
- The primary issue in this case is whether there is a substantial question of law regarding the interpretation of the Constitution of India or any order made thereunder.
- The interpretation of the Constitution or an order made under it involves a deep understanding of legal principles and the intent of the framers of the Constitution.
- Cases involving a substantial question of law are significant as they have the potential to impact the interpretation and application of the Constitution in various contexts.
- The determination of whether a case involves a substantial question of law is crucial in deciding the jurisdiction and scope of the case before the court.
Analysis
- Drawing a line between serious public disorder and minor breaches of peace of local significance
- Serious and aggravated forms of disorder directly affecting the community or public interest
- Minor breaches of peace primarily injuring specific individuals
- A disturbance must affect the community or public at large to be considered public order
- Not every act of assault or injury leads to public disorder
- The cases involving disturbances to public order are addressed through ordinary criminal law by the executive authorities.
- Culprits in such cases cannot be detained solely based on the grounds of disturbing public order.
- The petitioner may be punished for alleged offences but they did not affect public health or community life.
- Being a ‘bootlegger’ alone does not justify preventive detention unless it affects public order.
- Detaining authority failed to show how petitioner’s activities affect public order.
- Mere registration of cases under Prohibition Act does not impact public order.
Decision
- The order of detention dated 11.11.2023 is quashed.
- The detenue is ordered to be set at liberty forthwith, if not required in any other case.
- The petition is allowed and the rule is made absolute.
Case Title: SAVAN NATHUBHA DIDAWALA (CHHARA) Vs. COMMISSIONER OF POLICE
Case Number: R/SCA/21268/2023
