1969 (12) TMI 117

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..... 1. In this petition under Article 32 of the Constitution submitted from jail, the petitioner seeks a writ of habeas corpus directing his release from detention. We have already directed the release of the petitioner on 15-12-1969. Now we proceed to give our reasons in support of that order. 2. The petitioner was ordered to be detained by the Commissioner of Police, Calcutta under Section 3 .....

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..... swas sustained stab injuries. It is further alleged that during that incident, the petitioner and his associates hurled soda water bottles and brickbats towards the local people endangering their lives and safety and thereby they created fear and frightfulness amongst the people of the locality and thus affected public peace and tranquility of the locality. 4. The second incident mentioned th .....

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..... of that locality. 6. From the record it does not appear that the petitioner was prosecuted for any of the offences mentioned earlier. It is not known why he was not prosecuted. In the ordinary course, if there is truth in the allegations made, he should have been prosecuted and given an opportunity to defend himself. The allegations made against the petitioner do not amount to anything more t .....

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..... cannot be said to be inter-linked. They could not have prejudiced the maintenance of 'public order' nor can they be held to be subversive of 'public order'. They were at best prejudicial to law and order . The distinction between the maintenance of 'public order' and maintenance of law and order was brought out by this Court in Dr. Ram Manohar Lohia v. State of Bihar 19 .....

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..... nity 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 amount .....

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