TaxTMI 
TaxTMI 
1987 (11) TMI 402
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....l and valid. 2. The copy of the order of detention as well as the grounds of detention and the first information report on the basis of which the detention order was made were served on the appellants at the time of their detention. The grounds of detention are as follows: On 25-9-1984, Shri Surya Kumar, son of Shri Vishwa Pal, resident of 33, Babuganj, P. S. Hasanganj, District Lucknow, lodged a report at P. S. Hazratganj, Lucknow that on 15-9-1984 there was a tender for the supply of ballast in P.W.D. in which tenders had been submitted by him in K. P. Singh's name. You keep share with K. P. Singh. On account of your and K. P. Singh's terror no other person submits any tender against you people for which reason you peo....
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....up against you for the said offence. I have also been put up against you for the said offence. I have also come to know that on your behalf an application for grant of bail has been moved in a competent court, therefore, in case you come out on bail from the jail you will again start activities causing breach of public order. On the above said grounds, I have been satisfied that there is possibility of your acting in a manner prejudicial to the maintenance of public order and in order to prevent you from so acting, it is necessary to detain you. 3. The said order of detention was duly approved by the State Government under Section 3(4) of the National Security Act. The appellants made representation against the....
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....f the appellants. It therefore raised no problem of public order. It had been further contended that a solitary act cannot be considered to be an act prejudicial to the maintenance of public order. 6. The High Court of Allahabad after hearing the parties and on a consideration of the decisions cited before it found that whether an act creates a mere law and order problem or affects the even tempo of the life of the community, it is to be seen what is the extent of the impact of the act in question upon the society as a whole; whether the effect is restricted to an individual or a few individuals alone or it creates a sense of insecurity, danger and apprehension in the minds of the people in general apart from those who are the victims of....
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....168 judgment in which case was pronounced by us on Sept. 15, 1987) that public order is the even tempo of the life of the community taking the country as a whole or even a specified locality. Disturbance of public order is to be distinguished from acts directed against individuals which do not disturb the society to the extent of causing a general disturbance of public tranquillity. It is the degree of disturbance and its effect upon the life of the community in a locality which determines whether the disturbance amounts only to a breach of law and order or it affects public order. It has been observed by this Court that an act by itself is not determinant of its own gravity. In its quality it may not differ from another but in its potentia....