Allahabad High Court Upholds Detention Under NSA for Disruption of Public Order

Court affirms that Shoaib's actions led to widespread communal tension and justified preventive detention.

In a significant judgment, the Allahabad High Court dismissed the habeas corpus petition filed by Shoaib, who challenged his detention under the National Security Act (NSA), 1980. The Division Bench, comprising Justices J.J. Munir and Sanjiv Kumar, concluded that the detention was justified as Shoaib's acts resulted in widespread communal tension and disruption of public order.

Shoaib, the petitioner, was detained following an incident on November 15, 2024, where he and his associates allegedly assaulted an individual named Sukkhu, leading to severe communal unrest in Mau district. The altercation escalated into a riot, causing damage to public and police property, injuries to police personnel, and significant disruption to the community’s daily life.

The court observed that Shoaib’s actions, though appearing as a breach of law and order, significantly disrupted public order, affecting the even tempo of life in the community. The judgment emphasized that a single act could lead to preventive detention under the NSA if it has broader implications on public order, distinguishing between law and order and public order.

The court extensively examined the grounds of detention, which detailed the sequence of events following the initial altercation. It noted the involvement of a large mob, damage to medical facilities, and the resulting fear among the local populace, which led to the vitiation of public order. The bench highlighted that the petitioner’s subsequent behavior indicated a potential for further acts threatening public safety, thereby necessitating preventive detention.

The judgment reiterated the principles laid down in landmark cases such as Arun Ghosh v. State of West Bengal and Ram Manohar Lohia v. State of Bihar, emphasizing the distinction between law and order and public order. It underscored that the impact on the community's life is the determining factor in such matters.

The court found no procedural lapses in the detention process, confirming that the authorities acted within the legal framework provided by the NSA. The petitioner's contentions regarding his detention being a result of a single incident were rejected, with the court affirming that the broader implications of his actions warranted the preventive measure.

This judgment underscores the judiciary's role in balancing individual liberty with public safety, especially in cases where communal harmony is at stake. The dismissal of the petition reflects the court's stance on upholding preventive detention when public order is under threat.

Bottom Line:

Preventive Detention - National Security Act, 1980 - Violation of Public Order - A single act, though appearing to be a breach of law and order, can lead to preventive detention under the NSA if its consequences disrupt public order and affect the even tempo of life in a community or locality.

Statutory provision(s): National Security Act, 1980; Bharatiya Nyaya Sanhita, 2023; Bharatiya Nagrik Suraksha Sanhita, 2023

Shoaib (Corpus) v. State of U.P., (Allahabad)(DB) : Law Finder Doc Id # 2812446