NDLI: State of U.p. Vs. Hari Shankar Tewari

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	National Security Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	National Security Act, 1980 (65 of 1980)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	National Security Act, 1980-Section 3(2)-Detention Order-Assailed in Court-Duty of Court-To find out whether impugned activities affect 'Public order' or 'law and order'. A Division Bench of the High Court quashed the order of detention of the respondent, made under Section 3(2) of the National Security Act, 1980 as had in law, following the earlier Full Bench decision in the case of Ashok Dixit v. State and others that a solitary assault on one individual which may well he equated with ordinary murder can hardly be said to disturb public peace of place public order in jeopardy so as to bring the case within the purview of the Act, that it can·only raise a 'law and order' problem and no more, and that the act or incident which may be attributed to the delenu may he reprehensible and yet if it concerns only specific individuals and has no impact on the general members of the community and has no potentiality of disturbing the even tempo of life of the people, it cannot he held to be an activity prejudicial to public order. In appeal by the State, it was contended that the High Court was wrong in quashing the detention order.
Judge	Honble Mr. Justice Ranganath Misra
Neutral Citation	1987 INSC 60
Petitioner	State Of U.p.
Respondent	Hari Shankar Tewari
SCR	[1987] 2 S.C.R. 426
Judgement Date	1987-02-25
Case Number	106

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