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Showing contexts for: Problem in Ravichandran vs ) The State Of Tamil Nadu on 1 August, 2014Matching Fragments
3. Though several grounds were raised, assailing the correctness of the order of detention, inviting the attention of this Court, to the Observation Mahazar, dated 16.02.2014, prepared by the Inspector of Police, Uraiyur Police Station, Trichy Metropolitan Police Station, enclosed at page 31, in the Booklet, Rough Sketch, at page 34, and the statement of Mr.C.Chidambaram Pillai Nadana Kumar, one of the witnesses, Mr.N.Anandakumar, learned counsel for the petitioner submitted that the alleged incident, referred to, in the ground case, took place in a remote Coconut Grove, and that the said place is situated, in village outskirts, and that is not a busy traffic area, as mentioned in the grounds of detention. He further submitted that the said statement, is contrary to the Mahazar and no such fact existed. He therefore, submitted that 'public order', was not all affected, warranting detention. According to him, it was only a law and order problem, which does not warrant any action under Tamil Nadu Act 14 of 1982.
(10) In Ram Ranjan Chatterjee Vs. State of West Bengal reported in (1975) 4 SCC 143 : AIR 1975 SC 609 (611), the Hon'ble Supreme Court held that the acts which "Law and Order" are not different from the acts which affect "public Order". Indeed, a state of peace or orderly tranquility which prevails as a result of the observance or enforcement of internal laws and regulations by the Government, is a feature common to the concepts of 'law and order' and 'public order'.
(11) The Apex Court Court in another important case Ashok Kumar v. Delhi Admn. (1982) 2 SCC 403) clearly spelled out a distinction between 'law and order' and 'public order'. In this case, the Court observed as under:(SCC pp. 409-10, para 13) ?13.The true distinction between the areas of 'public order' and 'law and order' lies not in the nature or quality of the act, but in the degree and extent of its reach upon society. The distinction between the two concepts of 'law and order' and 'public order' is a fine one but this does not mean that there can be no overlapping. Acts similar in nature but committed in different contexts and circumstances might cause different reactions. In one case it might affect specific individuals only and therefore touch the problem of law and order, while in another it might affect public order. The act by itself therefore is not determinant of its own gravity. It is the potentiality of the act to disturb the even tempo of the life of the community which makes it prejudicial to the maintenance of public order 17??It is the length, magnitude and intensity of the terror wave unleashed by a particular act of violence creating disorder that distinguishes it as an act affecting public order from that concerning law and order. Some offences primarily injure specific individuals and only secondarily the public interest, while others directly injure the public interest and affect individuals only remotely. The question is of the survival of the society and the problem is the method of control.?
?The other three cases which are under investigation also relate to assault to private individuals and they have nothing to do with the disturbance of even tempo of the life of the community or of men of a particular locality nor does it affect the even flow of life of the public as a whole. Section 3(1) clearly mandates that the order of detention can be made only when the State Government or its authorised officer has come to a subjective satisfaction that a person is required to be detained in order to prevent him from acting in any manner prejudicial to the maintenance of the public order. Sub- section 4 embodies a deeming clause to the effect that a person should be deemed to act in any manner prejudicial to the maintenance of public order when such person is engaged in any activities as a dangerous person which affect ad- versely or are likely to affect adversely the maintenance of public order. Explanation 2 clause 4 further provides that for the purpose of this sub-section public order shall be deemed likely to be affected adversely or shall be deemed likely to be affected adversely inter alia if any of the activities of any person referred to in this sub-section directly or indirectly, is causing or is likely to cause any harm, danger or alarm or feeling of insecurity among the general public or any section thereof or a grave or wide-spread danger of life, property or public health. Coming to this particular case, the criminal cases mentioned in the grounds do not refer to any dangerous, harmful or adverse act or alarm which gives rise to a feeling of insecurity for the general public amongst the persons of a locality. The criminal cases are confined to certain private individuals and it is merely a law and order problem and it has nothing to do with maintenance of public order. Its reach and effect is not so deep as to affect the public at large. It does not create or tend or create any panic in the mind of people of particular locality or public in general nor it affects adversely the maintenance of public order. There is nothing to show that the above activities of the petitioner have affected or tended to affect the even tempo of fife of the community. An act may create a law and order problem but such an act does not necessarily cause an obstruction to the maintenance of public order.?
18. Public order lies, not in the nature and quality of act, but in the degree and extent of its reach upon the society. It is not the gravity of the act, but how it has disturbed, the even tempo of the life of the community, which act, makes it prejudicial to the maintenance of public order. Panic and insecurity amongst the residents of a particular locality of the area, where the offence was allegedly committed and whether the alleged act has adversely affected the even tempo of the life of the people in the locality, are to be supported by relevant materials. An act may create a law and order problem, but the effect of such act, should be so deep to affect the public at large. Any disorderly behaviour of a person, in public, or commission of offence is bound to some extent affect the peace prevailing in the locality and it may also affect law and order problem, but the same need not affect maintenance of public order. Public order should emcompass an act, and other relevant materials, which would disturb the public peace and tranquility. Degree of disturbance and its effect upon the life of the community in the locality, are the determinative factors. Mere violation of any penal provision does not constitute public order, but the question is how deep and to what extent, it has reached upon the society, to affect the even tempo of the public.