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TMI Blog1969 (12) TMI 113X X X X Extracts X X X X X X X X Extracts X X X X ..... case and are satisfied that there was no undue delay at any stage in dealing with the various aspects of his detention as laid down in the Act. 2. It is, however, contended that the grounds which were furnished to him on June 3, 1969 do not bear upon the maintenance of public order or of his acting prejudicially to the maintenance of public order. This is the only point urged in support of the petition by the learned Counsel. In the affidavit filed in reply the District Magistrate has summarised the grounds as 'anti-social activities Including rioting, assault and undue harassment to respectable young ladies in the public street of Malda town.' The details of these activities are to be found in the grounds and may be summarised ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce more of the community than law and order. Public order is the even tempo of the life of the community taking the country as a whole or even a specified locality. Disturbance of public order is to be distinguished, from acts directed against individuals which do not disturb the society to the extent of causing a general disturbance of public tranquillity. It is the degree of disturbance and its effect upon the life of the community in a locality which determines whether the disturbance amounts only to a breach of law and order. Take for instance, a man stabs another. People may be shocked and even disturbed, but the life of the community keeps moving at an even tempo, however much one may dislike the act. Take another case of a town where ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... munity. His act makes all the women apprehensive of their honour and he can be said to be causing disturbance of public order and not merely committing individual actions which may be taken note of by the criminal prosecution agencies. It means therefore that 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 the society. The French distinguish law and order and public order by designating the latter as order publique. The latter expression has been recognised as meaning something more than ordinary maintenance of law and order. Justice Ramaswami in Writ Petition No. 179 of 1968 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disturbance of public order. On the other hand in Writ Petition No. 179 of 1968 assaults on four persons A, B, C and D and throwing a cracker into a police wireless van were not held to add up to the disturbance of public order. They were treated as separate acts which affected individuals but did not affect the community at large. 5. In the present case all acts of molestation were directed against the family of Phanindra C. Das and were not directed against women in general from the locality. Assaults also were on individuals. The conduct may be reprehensible but it does not add up to the situation where it may be said that the community at large was being disturbed or in other words there was a breach of public order or likelihood of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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