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Learned counsel for petitioner submits that instead of investigating the crime specifically in light of paras 11,12,13 and 14 of writ petition as directed by this Hon'ble Court in the above writ petition, the district administration working under the dictate of Sri Yogesh Verma, arrested the petitioner on 16.05.2019 detailing the false and absurd grounds i.e. the petitioner was hidden in the car when the alleged offence was committed.

Now the changed version gives a picture which at the most can be said to be a law and order problem. The day of the incident was admittedly a festival of Holi where all the shops are generally closed during afternoon. The version of the Sponsoring Authority that the people closed their shops cannot be believed.

"Does it lead to disturbance of the current life of the community so as to amount to a disturbance of the public order or does it affect merely an individual leaving the tranquility of the society undisturbed ? "

This question has to be faced in every case on its facts."

The afore-quoted observations of the Hon'ble Apex Court make it amply clear that the administrative authorities have remained confused as to what constitutes a "law and order problem" and what constitutes a "public order problem" and have time and again erroneously passed preventive detention orders for acts falling within the category of law and order problem. For an act to fall within the category of public order problem it should be of the nature to disrupt the ordinary tempo of public life. Also, it should be beyond the capability of ordinary law to deal with the alleged activities; in other words, if recourse to ordinary criminal law could have efficaciously dealt with the alleged activities the need to take recourse to preventive detention law does not arise. The facts and circumstances of the present case, especially, the changed version of the detaining authorities fall to establish that the alleged act was one threatening public order.