NARENDER TYAGI Vs. VIJAY KARAN

JUDGEMENT

(1.) Narender Tyagi alias Baboo, the petitioner, by this petition under Article 226 of the Constitution of India, challenges the order of his detention under sub-section 2 of Section 3 of the National Security Act, 1980 made on May 13, 1988 by the Commissioner of Police Delhi, with a view to prevent him from acting in any manner, prejudicial to the maintenance of public order, This order was served on the petitioner on May 16, 1988 and since then he is detained in the Tihar Jail, New Delhi.

(2.) The grounds of detention served on the petitioner state that he was an active, desparate criminal who had indulged in the acts of murder. attempt to murder, planning for dacoity, illegal tresspass, criminal intimidation and offences punishable under the Arms Act. The petitioner was involved in the following criminal cases in the Union Territory of Delhi :-

(3.) The contention raised by Mr. Kapil Sibal, Learned counsel for the petitioner is that of the six cases referred to in the grounds of detention did not reflect any hazard to public order. These were stray acts directed against individuals and were not subversive of public order. These acts at the most could lead to an apprehension of mere law and order situation. The detaining authority had confused the concept of public order with law and order. The detention order in these circumstances, argued the learned counsel, was illegal.