In a crucial judgment, the Hon’ble Supreme Court highlighted the distinction between ‘law and order’ and ‘public order’ while quashing the detention order passed on 28.10.2023. The case involved the alleged anti-social activities of the petitioner that did not pose a threat to public order. The court emphasized the importance of upholding individual rights in such cases. This ruling sets a precedent for future cases involving preventive detention laws.
Analysis
- The Hon’ble Supreme Court observed that seeking shelter under preventive detention law is not the proper remedy if the detenu is a menace to society.
- Registration of FIRs alone does not establish a link with the breach of ‘public order’ for invoking power under section 3(2) of the Act.
- Assault or injury to specific persons does not necessarily lead to public disorder.
- The activities of the petitioner would only disturb law and order, not lead to a breach of public order.
- The authority had the option to consider the lesser drastic remedy of canceling bail instead of issuing a detention order.
- Detaining the culprits for disturbing public order should be done under ordinary criminal law, not preventive detention.
- Contravention of any law affects order, but to affect public order, it must impact the community at large.
- There must be a distinction between serious disorders affecting the community and minor breaches of peace primarily injuring specific individuals.
- A mere disturbance of law and order leading to disorder is not sufficient for action under the Preventive Detention Act.
- Subjective satisfaction of the detaining authority appears vitiated due to the sequence of events with bail and detention order.
- The decision of the Hon’ble Supreme Court in Pushker Mukherjee v/s. State of West Bengal [AIR 1970 SC 852] discusses the distinction between ‘law and order’ and ‘public order.’
- Two cases under the Prohibition Act against detenue not relevant to maintenance of public order
- Detaining authority failed to substantiate detenue’s alleged anti-social activities affecting public order
- Cancellation of bail not resorted to as lesser drastic remedy
Decision
- Order of detention passed on 28.10.2023 is quashed and set aside
- Detenue is ordered to be set at liberty forthwith, if not required in connection with any other case
- Rule is made absolute
- Direct service permitted
Case Title: DIPAKSING OMKARSING RAJJURAM GURJAR THROUGH HIS BROTHER JEETRAM S/O OMKARSING GURJAR Vs. THE COMMISSIONER OF POLICE
Case Number: R/SCA/19595/2023
