KAMLAKAR SHANKAR PATIL Vs. B AKASHI

JUDGEMENT

(1.) THE present petitions seek to impugn the orders of detention passed on 10th September, 1993 passed by the Commissioner of Police, Thane, under section 3 (2) of the National Security Act. The orders of detention were served on the detenus-petitioners on the very day i. e. on 10h September, 1993. The grounds of detention were contemporaneously served on the detenus on the very day namely 10th September, 1993. The grounds of detention are practically identical in both the petitions. Grounds of detention in Criminal Writ Petition No. 1357 of 1993 inter alia recite as under :---

(2.) THE short question that arises for our consideration is whether - the aforesaid facts can amount to breach of public order or whether it amounts to breach of law and order. The incidents, which are relied upon, are two in number. The first incident is alleged to have taken place on 3rd April, 1992 and the second on 23rd May, 1993. The incidents are thus separated by a period of over one year.

(3.) IN the case of (Pushker Mukherjee v. State of West Bengal) A. I. R. 1970 S. C. 852 a distinction between law and order and public order has been described by the Supreme court as under :-- -. . . . .