Supreme Court of India · 1987-02-25
STATE OF U.P. vs HARI SHANKAR TEWARI
- Citation / case number
- SC 1987/71214
- Court
- Supreme Court of India
- Petitioner
- STATE OF U.P.
- Respondent
- HARI SHANKAR TEWARI
- Author
- MISRA RANGNATH
- Bench
- MISRA RANGNATH
Judgment text excerpt
The Supreme Court upheld the High Court's decision to quash the detention order under Section 3(2) of the National Security Act, 1980, emphasizing the distinction between 'public order' and 'law and order'. The Court reiterated that a solitary act, such as an assault on an individual, does not necessarily disturb public order unless it has the potential to affect the larger community. The Court held that the detention was unjustified as the respondent had already served a significant portion of the detention period, which had lapsed by the time of the appeal.