SMT. ANGOORI DEVI FOR RAM RATAN versus UNION OF INDIA & ORS.

SMT. ANGOORI DEVI FOR RAM RATAN versus UNION OF INDIA & ORS.

The isolated criminal act of two police personnel did not possess the sinister significance or widespread impact required to disturb the 'public order' as contemplated by the National Security Act. Hence, the orders of preventive detention were without legal justification and must be quashed.

Parties
Petitioner: Smt. Angoori Devi for Ram Ratan; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
06 December 1988
Procedural Posture
Writ Petition (criminal) Nos. 353 and 491 of 1988 / Supreme Court Original Jurisdiction, Article 32 Hearings
Outcome
Orders of detention quashed; rule made absolute; detenu Ram Ratan and Hawa Singh to be set at liberty forthwith.
Legal Topics
Preventive Detention, National Security Act, Distinction Between Public Order and Law and Order
Constitutional Law Criminal Law Preventive Detention National Security Act Distinction Between Public Order and Law and Order

Case Brief

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Parties

Smt. Angoori Devi for Ram Ratan

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (criminal) Nos. 353 and 491 of 1988 / Supreme Court Original Jurisdiction, Article 32 Hearings

Legal Issues

  1. 1 Whether the detention under Section 3(2) of the National Security Act, 1980 for a single criminal act by police personnel pertained to 'public order' or merely 'law and order'.
  2. 2 Whether the standards of preventive detention are different for police personnel.

Ratio Decidendi

The isolated criminal act of two police personnel did not possess the sinister significance or widespread impact required to disturb the 'public order' as contemplated by the National Security Act. Hence, the orders of preventive detention were without legal justification and must be quashed.

Court Disposition

Orders of detention quashed; rule made absolute; detenu Ram Ratan and Hawa Singh to be set at liberty forthwith.

Orders

  • Orders of detention impugned in these cases are quashed.
  • Detenu Ram Ratan and Hawa Singh be set at liberty forthwith.