Even single act can be sufficient to affect public order or tempo of society, so as to pass order of preventive detention

Whether an act would constitute a simple breach of law and order, or breach of public order, would solely depend on the degree and extent of its reach and effect upon society. Public order is even the tempo of the life of the community of an area or even a locality, as a whole. The degree of disturbance upon the life of the community would determine whether it affects public order. An act by itself may not be a determinative factor of its gravity, but it is a potentiality of its effect on the even tempo of the life of the community that makes it prejudicial to the maintenance of public order. If the effect of the act is restricted to certain individuals or a group of individuals, it merely creates a law and order problem but if the effect, reach and potentiality of the act is so deep and pervasive that it affects the community at large and disturbs the even tempo of the community that it becomes a breach of the public order.

It, therefore, cannot be said that a single act would in all and every circumstance not be sufficient to affect public order or even the tempo of the society. What is material is the effect of the act and not the number of acts and therefore what has to be seen is the effect of the act on even the tempo of life of the people and the extent of its reach upon society and its impact.

Thus, Detaining Authority is under an obligation to ensure that the personal liberty of an individual is the most precious and prized right guaranteed under the Constitution. The State has been granted the power to curb such rights under criminal laws as also under the laws of preventive detention which are required to be exercised with due caution as well as upon a proper appreciation of the facts as to whether such acts are indeed in any way prejudicial to the interest and the security of the State and its citizens, or seek to disturb public law and order. If the offences complained of against the person are of nature which can be dealt with under the ordinary law of the land, taking recourse to the provisions of preventive detention would be contrary to the Constitutional guarantees enshrined in Articles 19 and 21 of the Constitution of India.

Appearing Counsel/s : Naman Nagrath, Jubin Prasad, Sankalp Kochar, Rahul Diwaker, Ajay Pratap Singh, Akshay Pawar

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