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1 - 5 of 5 (0.33 seconds)Durga Pada Ghosh vs State Of West Bengal on 7 August, 1972
The learned counsel next contends that this is at the worst
a matter affecting law and order but not public order.We
are unable to accept this submission. When an armed
robberyor dacoity like this is alleged to be committed by
the petitioner armed with guns with his associates similarly
armed, in a running train, it nolonger remains a matter
of simple law and order as the peaceful tempo in life of the
community at large is also affected thereby. It not only
puts the passengers from various places and walks of life in
the particular. third class compartment in fear but the
passengers of the entire train and even of other running
trains in panic. Public-order and life of the community is
hereby clearly disturbed. That amounts to public disorder
which has to be prevented by action under the Act. Besides,
the news of this type of daring dacoity in a running train
is even likely to prevent the traveling public from availing
of communication by train. Such consequences and effects
are bound to affect public order which is the opposite of
public disorder. If any authority is needed we have one in
A.I.R. 1972 S.C. p. 2146 (Subal Chanadr'a Ghosh v. State of
West Bengal) wherein one of us (Jaganmohan Reddy, J.)
observed as follows
"The facts set out in ground No. 1 clearly
show that the offence alleged against him
(detenu) is committed in a daring manner in
the presence of passengers which must been
very panicky and disturbed the public order."
Arun Ghosh vs State Of West Bengal on 2 December, 1959
Again in Arun Ghosh v. State of West Bengal(1) this Court
dealing with the question of public order observed as
follows
"The question whether a man has only committed
a breach of law and order, or has acted in a
manner likely to cause a disturbance of the
public order, is a question of degree and the
extent of the reach of the act upon society.
The test is : Does it lead to a disturbance of
the even tempo and current of life of the
community so as to amount to a disturbance of
the public order, or, does it affect merely
an individual without affecting the
tranquility of society."
Article 32 in Constitution of India [Constitution]
Maintenance of Internal Security Act, 1971
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