RAJENDRA SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) ON a difference of opinion between the two learned Judges of the Division Bench, who heard this Habeas Corpus Writ Petition, the following question has been referred for the opinion of a third Judge. This is how this case has come up before me.

(2.) THE question referred is : - "Do the grounds of detention of the petitioner relate to 'public order or to law and order' -

(3.) THE meaning of the expressions 'public order' and 'law and order' and the distinction between them, were brought out by the Supreme Court in Dr. Ram Manohar Lohia v. State of Bihar, AIR 1966 SC 740, Arun Ghosh v. State of West Bengal, AIR 1970 SC 1228, Wasiuddin Ahmad v. District Magistrate, Aligarh, AIR 1981 SC 2166 and a number of other decisions. THE principles laid down by the Supreme Court may be put thus. Any contravention of law always affects order, but there it could be said to affect 'public order' it must affect the community or public at large. Public order is the even tempo of the life of the community taking the country as a whole or even a specified locality. Acts which affect individuals only and do not disturb the community to the extent of causing general disturbance of the public tranquillity, relate to the problem of 'law and order' only and not to 'public order'. THE true distinction between the areas of 'law and order' and 'public order' lies upon the degree and extent of reach of an act upon the community or specified locality. THE acts causing disturbance of public order need not necessarily differ in nature and quality from acts raising problems of law and order'. THE acts similar in nature but committed in different contexts and circumstances might cause different reactions. In one case it might affect specified individuals and, therefore, touches the problem of law and order only, while in a different setting it might affect public order. THE question whether an act affects 'public order' or 'law and order' only, has to be determined in each case, on a consideration of its own facts and circumstances.