STATE OF UTTAR PRADESH Vs. HARI SHANKAR TEWARI

JUDGEMENT

(1.) This appeal by special leave is directed against the order of the Division Bench of the Allahabad High Court by which it has quashed an order of detention of the respondent made under S. 3(2), National Security Act (hereinafter referred to as 'the Act'). The High Court relied upon a decision of a Full Bench of that Court in Ashok Dixit v. State, disposed of on 1-8-1985 being Habeas Corpus Petition No. 11161 of 1984 for its conclusion that the detention of the respondent was bad in law. The majority opinion of the Full Bench, as far as relevant, said

(2.) The Full Bench in its turn referred to several decisions of this Court in its attempt to bring out a distinction between the concepts of law and order and public order and one of such decisions of this Court is the case of Pushkar Mukherjee v. State of West Bengal. (1969) 2 SCR 635. This Court said therein :

(3.) It is claimed that these observations of this Court were taken as the guidelines by the Full Bench to ascertain whether the allegations brought the case within the purview of public order. Learned counsel for the appellant has strongly canvassed that the test laid down by Dr. Allen was not applicable to judge the validity of a detention order and the High Court has gone wrong in quashing the detention of the respondent.