Case: Kanu Biswas Vs. State Of West Bengal

the community and incite them to make further breaches of the law and order and to subvert the public order. An act by itself is not determinant of its own gravity. In its quality it may not differ from another but in its potentiality it may be very different."7. 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, according to the dictum laid down in the above case, is a question of degree and the extent of the reach of the act upon the society. Public order is what the French call "order publique" and is something more than ordinary maintenance of law and order. The test to be adopted in determining whether an act affects law and order or public order, as laid down in the above case, is : Does it lead to disturbance of the current of life of the community so as to amount to a disturbance of the public order or does it affect merely an individual leaving the tranquillity of the society undisturbed ?8. The principle enunciated above has been followed by this Court in the case of Nagendra Nath Mondal v. State of West Bengal ((1972) 1 SCC 498.) , and Nandlal Roy alias Honda Dulal Roy alias Pagla v. State of West Bengal (W.P. No. 15 of 1972, decided on April 11, 1972) ((1972) 2 SCC 524 ). In the light of what has been observed above, we have no doubt that each one of the incidents of September 26, 1971 and November 4, 1971, was prejudicial to the maintenance of public order. When two passengers are robbed at the point of knife while travelling in a third class compartment of a running train the act of the miscreants affects not only the passengers who are deprived of their valuables but also the other passengers who watch the whole thing in fear as helpless spectators. There is bound to be consequent terror and panic amongst the travelling public. Likewise, attack directed against a police party on the platform of a railway station by exploding bombs is bound to create panic and confusion among the passengers at the railway station. The acts in question in the very nature of things would adversely affect the even tempo of the life of the community and cause a general disturbance of public tranquillity.9. Reference has been made on behalf of the petitioner to the case of Sudhir Kumar Saha v. Commissioner of Police, Calcutta and Another ((1970) 3 SCR 360 : (1970) 1 SCC 149 ). The petitioner in that case along with others committed various acts on three occasions. On the first occasion he attacked the people of a locality with a knife and by hurling bottles at them. On the other two occasions he attacked the people of another locality of hurling bombs at them. It was held that the incidents were not interlinked and could not have prejudiced the maintenance of public order.10. As against the above solitary decision, Mr. Chakravarti on behalf of the respondent-State has referred to the principle laid down in the case of Arun Ghosh v. State of West Bengal (supra), as well as in the case of Nagendra Nath Mondal v. State of West Bengal (supra). Apart from those two cases, we find that in the case of Tapan Kumar Mukherjee and Others v. State of West Bengal (AIR 1972 SC 840 : 1972 Cri LJ 657), the allegation against the detenu was that he along with other associates committed robbery in respect of a fan and a watch at the point of dagger in a running train, and this created disturbance of public order. Contention was raised that the act of the detenu and his associates related only to law and order and not to public order. This contention was repelled and it was observed that the innocent passengers would be terror-stricken by the acts of the detenu and his associates. Another incident which was referred to in that case related to throwing of bombs on a shop. The bombs exploded and as a result of the panic so caused in the locality, all the shops and houses around the place were closed. The above ground was held by this Court to be germane to the disturbance of public order, In the case of Nandlal Roy (supra), the ground of detention recited that the detenu and his associates while committing theft of rice from a wagon threw bombs upon the members of the Railway Protection Force. One member of the Railway Protection Force was injured. The explosion of the bombs was stated to have created panic in the station area and the adjoining locality. It was held that the activity of the petitioner created not merely a question of the maintenance law and order but created a disturbance which would be comprehended by the expression "order publique". The detention order was consequently upheld.11. In S.K. Kedar v. State of West Bengal (W.P. No. 35 of 1972, decided on May 2, 1972) ((1970) 3 SCR 360 : (1970) 1 SCC 149 ), the allegation against the detenu was that he and his associates while removing railway material charged bombs ballast upon R.P.F. party as a consequence of which the members of R.P.F. party fired in self-defence. The activity of the petitioner was considered to be prejudicial to the maintenance of public order and the detention order was upheld.12. The facts of the present case are much more akin to those of Tapan Kumar Mukherjee and Other v. State of West Bengal (supra). The past activities of the petitioner as revealed in the grounds of detention, in our opinion, showed a propensity to disturb public order. The authority concerned, in the circumstances, could have validly made the order for the detention of the petitioner to prevent him from acting in a manner prejudicial to the maintenance of public order.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]10. As against the above solitary decision, Mr. Chakravarti on behalf of the respondent-State has referred to the principle laid down in the case of Arun Ghosh v. State of West Bengal (supra), as well as in the case of Nagendra Nath Mondal v. State of West Bengal (supra). Apart from those two cases, we find that in the case of Tapan Kumar Mukherjee and Others v. State of West Bengal (AIR 1972 SC 840   : 1972 Cri LJ 657), the allegation against the detenu was that he along with other associates committed robbery in respect of a fan and a watch at the point of dagger in a running train, and this created disturbance of public order. Contention was raised that the act of the detenu and his associates related only to law and order and not to public order. This contention was repelled and it was observed that the innocent passengers would be terror-stricken by the acts of the detenu and his associates. Another incident which was referred to in that case related to throwing of bombs on a shop. The bombs exploded and as a result of the panic so caused in the locality, all the shops and houses around the place were closed. The above ground was held by this Court to be germane to the disturbance of public order, In the case of Nandlal Roy (supra), the ground of detention recited that the detenu and his associates while committing theft of rice from a wagon threw bombs upon the members of the Railway Protection Force. One member of the Railway Protection Force was injured. The explosion of the bombs was stated to have created panic in the station area and the adjoining locality. It was held that the activity of the petitioner created not merely a question of the maintenance law and order but created a disturbance which would be comprehended by the expression "order publique". The detention order was consequently upheld.11. In S.K. Kedar v. State of West Bengal (W.P. No. 35 of 1972, decided on May 2, 1972) ((1970) 3 SCR 360   : (1970) 1 SCC 149  ), the allegation against the detenu was that he and his associates while removing railway material charged bombs ballast upon R.P.F. party as a consequence of which the members of R.P.F. party fired in self-defence. The activity of the petitioner was considered to be prejudicial to the maintenance of public order and the detention order was upheld.12. The facts of the present case are much more akin to those of Tapan Kumar Mukherjee and Other v. State of West Bengal (supra). The past activities of the petitioner as revealed in the grounds of detention, in our opinion, showed a propensity to disturb public order. The authority concerned, in the circumstances, could have validly made the order for the detention of the petitioner to prevent him from acting in a manner prejudicial to the maintenance of public order.