POONAM Vs. B S MOHITE COMMISSIONER OF POLICE

JUDGEMENT

(1.) PETITIONER is the wife of the detenu who is detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug Offenders Act, 1981 (hereinafter referred to as the "m. P. D. A. Act" ). Grounds of detention were communicated to the detenu as per Exhibit C dated 8-12-1998. Those grounds are, in short, as under:

(2.) WHILE considering the validity of the detention orders, two criterias have been laid down i. e. whether the activities of the detenu affect the even tempo of life of the community adversely and whether they create law and order problem in public or affect public order. Public order is distinguished from law and order. The word order as per Concise Oxford Dictionary means amongst other things, a social class or rank, set of persons separate and homogeneous as regards social level. Secondly, it means that arranged in systematic way, regulate, array, condition in which every part or unit is in its right place :tidiness, normalcy or healthy or efficient state; it also means constitution of world, where things normally happen, collective manifestations of natural forces or laws, natural or moral or spiritual system with definite tendencies.

(3.) ALONG with the meaning order the meaning of the word orderly has to be seen. As per the dictionary, it means, methodically arranged or inclined, regular, obedient to discipline, not unruly, well behaved.