S. K. KEDAR vs STATE OF WEST BENGAL

The Supreme Court upheld the detention of the petitioner under Section 3(1) and (3) of the West Bengal (Prevention of Violent Activities) Act, 1970, affirming that the acts of attacking the Railway Police with bombs constituted a threat to public order. The Court established that the determination of whether an act breaches law and order or public order is a matter of degree, dependent on the potential impact on society. The Advisory Board's decision to hear the petitioner in person, although not initially deemed essential, was found to be compliant with the statutory requirements, leading to the dismissal of the petition.