SUBHASH BHANDARI & ANR. ETC. versus DISTRICT MAGISTRATE, LUCKNOW & ORS.

SUBHASH BHANDARI & ANR. ETC. versus DISTRICT MAGISTRATE, LUCKNOW & ORS.

A solitary act of criminal assault, confined to an individual and not affecting a considerable number of people or disturbing public tranquility or the even tempo of community life, cannot justify preventive detention under the National Security Act, 1980 on the ground of threat to public order.

Parties
Appellant: Subhash Bhandari & Anr.; Respondent: District Magistrate, Lucknow & Ors.
Jurisdiction
India
Judgment Date
03 November 1987
Procedural Posture
Criminal Appeal / Appeal From High Court Decision
Outcome
Appeals allowed
Legal Topics
Preventive Detention, Public Order, Scope of National Security Act, 1980
Constitutional Law Criminal Law Preventive Detention Public Order Scope of National Security Act, 1980

Case Brief

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Parties

Subhash Bhandari & Anr.

Appellant

District Magistrate, Lucknow & Ors.

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether a solitary criminal act directed against an individual can amount to disturbance of public order justifying detention under the National Security Act, 1980

Ratio Decidendi

A solitary act of criminal assault, confined to an individual and not affecting a considerable number of people or disturbing public tranquility or the even tempo of community life, cannot justify preventive detention under the National Security Act, 1980 on the ground of threat to public order.

Court Disposition

Appeals allowed

Orders

  • Detention orders quashed; appellants to be set at liberty forthwith
  • No order as to costs